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Following widespread media speculation on Friday morning suggesting the arrest of National Assembly Speaker Nosiviwe Mapisa-Nqakula on corruption charges and her impending court appearance, Parliament has officially confirmed that this information is inaccurate.
In a statement, Parliament confirmed that Mapisa-Nqakula was at home on Friday with her family and that she has had no interaction with the National Prosecuting Authority’s (NPA) Investigating Directorate (ID) since the search and seizure operation at her Johannesburg home earlier this week.
The national legislature also confirmed that the Speaker filed an urgent application in the Pretoria High Court, seeking to interdict law enforcement authorities from arresting her on corruption charges.
Parliament said:
“She also demands, within her right that she be given full disclosure of all material information relating to the case, including the full docket in order to be able to prepare her defence against what she regards as baseless allegations against her,” the statement added.
READ: Mapisa-Nqakula launches urgent bid to block her arrest, demands evidence against her
Mapisa-Nqakula accused of receiving kickbacks
Mapisa-Nqakula has come under the crosshairs of the NPA’s ID following allegations that she solicited and received bribes amounting to R2.3 million from a contractor to the defence force during her tenure as defence minister. She has denied any wrongdoing.
On Tuesday, the ID and Hawks officials conducted a five-hour long search and seizure operation at her home in Bruma, Johannesburg, which led to speculation of her imminent arrest on corruption charges.
Hours after announcing on Thursday evening that she was taking special leave from Parliament in order “to protect the integrity” of the legislature, Mapisa-Nqakula’s lawyer Stephen May filed court papers to interdict and restrain National Director of Public Prosecution Shamila Batohi, Police Minister Bheki Cele and others from arresting her.
READ: Special leave not sufficient, Nosiviwe Mapisa-Nqakula should resign, say experts
In her high court application, she is also requesting the NPA to provide her with the details of the case against her, arguing that the information has already been given to the media "without any means to defend herself against these public allegations”.
Mapisa-Nqakula has further claimed that the state has “no case” against her and that she is "innocent of the charges sought to be levelled against me".
She is also requesting that law enforcement authorities be directed to schedule a date with her legal team for her summons to appear in the magistrate's court with the appropriate jurisdiction for her initial court appearance.
Interdict application
Speaking to City Press, legal expert and attorney Richard Chemaly said if Mapisa-Nqakula were to be formally arrested, she would have the right to access the case docket relating to her charges.
Chemaly noted that it remains unclear at this stage the grounds upon which the Speaker's arguments are based in her interdict application, particularly when she lacks access to the evidence against her.
He stated:
“It's impossible to tell how flimsy a case may be without being presented with the evidence, so we'll have to wait on that one.”
Is Speaker's special leave legal?
Questions have also been raised on the legality of Mapisa-Nqakula’s decision to go on special leave with immediate effect amid calls from opposition parties for her to step down.
READ: ANC election list: Integrity commission says corruption-implicated heavyweights must be excluded
In her statement on Thursday, Mapisa-Nqakula said she had communicated her decision to take leave to the secretary of Parliament, President Cyril Ramaphosa in his capacity as head of state as well as the ANC.
However, Chemaly doesn’t believe that the Constitution makes provision for the Speaker to go on special leave.
He said:
ANC spokesperson Mahlengi Bhengu-Motsiri acknowledged Mapisa-Nqakula's decision to take special leave from Parliament. She said that the party would enforce its integrity and step-aside policies based on the facts as they arise.
The ANC did not indicate if it granted the Speaker permission to go on special leave.
DA tables no-confidence motion
Meanwhile, the DA has tabled a motion of no confidence in Mapisa-Nqakula's fitness to hold office. The party’s chief whip Siviwe Gwarube on Friday confirmed that she had sent the draft motion to deputy National Assembly speaker Lechesa Tsenoli.
The official opposition party noted the raid conducted by the ID at the Speaker's house on Tuesday and highlighted that she is under investigation by Parliament's Powers and Privileges Committee for unilaterally raising the salary of Parliament secretary Xolile George.
Gwarube said in a statement:
READ: SA's 'failed democracy' Corruption Index ranking could be detrimental to investment prospects
“The announcement that she has taken ‘special leave’, not resigned, has left us with no choice but to submit a formal motion of no confidence to be debated and voted on before the House rises and the expiration of this term.”
Gwarube added that the DA would write to all political parties represented in Parliament to support their motion for the removal of the Speaker in terms of Section 52(4) of the Constitution.
She said that according to Parliament's rules, there is no provision for members to unilaterally take special leave. Gwarube said that special leave can only be granted by a full sitting of the National Assembly through a formal motion that is adopted in terms of rule 36(2) of the House rules.
She stated:
The DA also called on the NPA and all law enforcement agencies to ensure that Mapisa-Nqakula does not leave the country or evade arrest.
Should the DA’s no-confidence motion get the green light, this would be the second one against Mapisa-Nqakula since the EFF’s failed bid to remove her from office in March last year for allowing armed members of the security services to enter a joint sitting of Parliament on 9 February 2023, during the state of the nation address.
