Rédaction Africa Links 24 with Victoria O’Regan
Published on 2024-04-02 11:54:11
National Assembly Speaker Nosiviwe Mapisa-Nqakula recently filed an urgent application to interdict the National Director of Public Prosecutions Shamila Batohi, Police Minister Bheki Cele, and investigators from arresting her. However, this application was struck from the roll in the Gauteng high court in Pretoria.
In delivering the ruling, Judge Sulet Potterill stated that Mapisa-Nqakula’s application was not deemed urgent. The judge emphasized that the court could not make a finding based on speculation regarding the lawfulness of a future arrest or the strength of the state’s case against her. Judge Potterill highlighted the lack of concrete facts supporting the claim of an unlawful arrest, stating that it was purely speculative. She emphasized that such speculation could not justify urgency in the case.
Furthermore, Judge Potterill expressed concerns that granting the order sought by Mapisa-Nqakula would set a precedent where suspects could interdict their own arrests based on allegations of unlawfulness or weak cases. She noted that this would undermine the criminal justice system and give suspects excessive control over legal proceedings.
As a result, the judge struck Mapisa-Nqakula’s application from the roll and ordered her to pay the costs associated with the case. Mapisa-Nqakula had filed court papers to prevent her potential arrest over bribery allegations while serving as defence minister between 2017 and 2019. Despite denying any wrongdoing, she opted to take special leave from her position as Speaker of the National Assembly.
Recent court documents revealed that the ID was prepared to charge Mapisa-Nqakula with 12 counts of corruption amounting to R4.55 million. Additionally, a search and seizure operation was conducted at her Johannesburg home, further increasing speculation surrounding her case.
Judge Potterill noted that Mapisa-Nqakula had been given adequate time to present herself to the police station but had failed to do so for two weeks. The judge underscored that Mapisa-Nqakula had already been given the courtesy of voluntarily surrendering to authorities, which is not typically extended to all citizens.
The unfolding legal proceedings and allegations against Mapisa-Nqakula have raised concerns about corruption and accountability within the government. Despite her continuous denial of any wrongdoing, the ongoing investigation and court proceedings continue to cast a shadow over her political career and public image.
In conclusion, the Gauteng high court’s decision to strike Mapisa-Nqakula’s application highlights the need for legal proceedings to be based on concrete evidence rather than speculation. The case serves as a reminder of the importance of transparency and accountability in upholding the rule of law within the government and society as a whole.
Read the original article on Daily Maverick
