State slams Mapisa-Nqakula’s discharge bid as a ‘fishing expedition’

The state has maintained that former defence and military veterans minister Nosiviwe Mapisa-Nqakula has a case to answer regarding allegations of corruption and money laundering.

This comes after Mapisa-Nqakula’s legal team applied for a Section 174 discharge in the Gauteng High Court in Pretoria on Monday.

The defence argued that the state failed to build a solid case against her and that there is no evidence proving she committed the alleged offences.

Defence lawyer Siyabulela Mapoma argued that the state’s case relied entirely on inferences and the testimony of a single witness. As the prosecution could not prove all necessary elements of the charges, a discharge should be granted, he said.

Mapoma added that the state’s witness failed to explain to the court the specific reason behind paying the money to the accused.

Mapisa-Nqakula faces 12 counts of corruption and one of money laundering stemming from her tenure as defence minister between 2016 and 2019. She allegedly solicited R4.5m in bribes, R2.1m of which was allegedly paid in cash, from South African National Defence Force (SANDF) logistics contractor Nombasa Ntsondwa-Ndhlovu to secure and maintain government tenders.

Prosecutor advocate Emile van der Merwe told the court that sufficient evidence existed and argued that the discharge application should be dismissed.

He said the core testimony provided by Ntsondwa-Ndhlovu was corroborated by 15 other witnesses, questioning what Ntsondwa-Ndhlovu would gain from falsely implicating the former minister.

“There is prima facie evidence. There is a proper case. There is enough evidence for a conviction,” Van der Merwe stated.

He said the application was inappropriate, suggesting it was brought merely as a fishing expedition to gauge the court’s stance on the matter.

Addressing Mapoma’s claim that there was no proof Ntsondwa-Ndhlovu was pressured or frightened into making payments, Van der Merwe submitted that the money could have been paid to ensure her business relationship with the department remained intact or to secure future favours.

The defence also contended that the WhatsApp messages presented in court contained no compelling evidence linking code names such as “impepho”, “snuff” and “padkos” to the alleged illicit payments.

Van der Merwe countered that the messages were authentic, noting that because the accused has not testified, the court has yet to hear her explanation regarding whether she actually received physical wigs, snuff or other items referenced by the code words. He argued there would be no reason to use such codes if the transactions had not taken place.

Furthermore, financial records presented in court indicated that legitimate cash withdrawals from Mapisa-Nqakula’s family bank accounts were insufficient to cover the extensive renovations on their Johannesburg home.

Van der Merwe argued that evidence showing the builders were paid in cash strongly suggested the funds originated from Ntsondwa-Ndhlovu to fund Mapisa-Nqakula’s home renovations. “How else would the payments have been made?” he asked.

Judgment on the Section 174 application has been postponed to September 7.