The Speaker of the National Assembly Nosiviwe Mapisa-Nqakula’s urgent application to interdict the National Director of Public Prosecutions Shamila Batohi, Police Minister Bheki Cele and investigators from arresting her has been struck off the roll in the Gauteng Division of the High Court in Pretoria.
This was welcomed by the National Prosecuting Authority (NPA) on Tuesday following the judgement delivered by Judge Sulet Potterill who also slapped the beleaguered Mapisa-Nqakula with costs.
Judge Potterill said: “There is not a single fact set out as to why the future arrest will be unlawful. Seemingly because there’s a weak case made out. Yet the applicant does not know what case has been set out and this is pure speculation. I can make no finding on such speculation that there will be an unlawful arrest or that there is a weak case. These facts cannot underpin urgency.”
The judge said however if the Court were to grant such an order it will set a wrong precedent which will open the floodgates for suspects to interdict their arrests on the grounds that they are unlawful and the cases against them are weak.
“The respondents argued that it would not be competent for this Court to interdict an arrest. I’m in full agreement with this submission. Every suspect will be in a position to approach a court on an urgent basis, setting out on speculation that there is a weak case against it, and interdict an arrest. Any suspect would merely have to set out in a founding affidavit that an arrest in future will be unlawful. The whole criminal justice system will fail and will be controlled by suspects,” she said.
NPA national spokesperson, Advocate Mthunzi Mhanga said: “Of importance is that we don’t discuss issues of arrests, evidential issues, witnesses, investigative processes in the media. Obviously, the wheels of justice will now be in motion as you were listening to the judgment which was well reasoned.”
Mhanga said the NPA has always maintained that it was unnecessary for it to be brought to court. “We have always maintained that the process of arrest should be done seamlessly,” Mhanga said.
Mapisa-Nqakula is fighting for her political career and legacy following allegations of corruption levelled against her.
Mapisa-Nqakula has been accused of soliciting bribes of about R2.3 million from contractors while she was the Minister Defence under President Cyril Ramaphosa’s administration. Her home was recently raided by the National Prosecution Authority as part of its mandate to investigate corruption.
She took a decision to take a special leave to deal with dark clouds hanging over her head as she was about to retire actively from politics after the much-anticipated general elections.
“I hold the utmost respect for our legislative system and the laws of our nation, some of which I have been privileged to pass. I assure the nation of my willingness to cooperate fully with law enforcement agencies on any matter that may arise. This decision has been communicated to the Secretary of Parliament and to the President of the Republic in his capacity as Head of State. This decision by myself is meant to protect the integrity of Parliament and ensure its sacred duty and its name continue unblemished.”
Mapisa Nqakula’s predecessor, former Speaker of the National Assembly Baleka Mbete has defended her successor.
“They violated her privacy, and she allowed them to do so in calmness and dignity, and I just think they should be ashamed of themselves. You must say what it is that you want a person to account for. Yes, sure, there must be accountability, but come and say what it is that you are looking for on the basis of what,” she said during the Battle of the Cuito Cuanavle commemoration in Pretoria.
Deputy Speaker in the National Assembly, Lechesa Tsenoli has taken over Mapisa-Nqakula . Confirming the reports Parliament spokesperson, Moloto Mothapo said Tsenoli would perform all Speaker responsibilities and assured the public that the work of the National Assembly remained unaffected.
The National Director of Public Prosecutions Shamila Batohi.
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