Nosiviwe Mapisa-Nqakula, the National Assembly speaker on special leave, has taken a significant step by filing court papers to interdict the National Director of Public Prosecutions Shamila Batohi, Police Minister Bheki Cele, and investigators from arresting her. The papers, without limitation, request the entire State Brief on the case under CAS 176/2024, including crucial elements such as witness statements, investigators' pocketbooks, diaries, and whether they were part of the SAPS or the NPA’s Investigating Directorate (ID).
Mapisa-Nqakula aims to protect her constitutional rights, including freedom, dignity, self-esteem, and the pursuit of her chosen vocation. She has devoted her adult life to pursuing the rule of law and constitutional democracy. She fears that the criminal justice system and the state’s prerogative of prosecution could be used as a political tool.
The court challenge by Mapisa-Nqakula comes after a series of events. It follows the speculation of her possible arrest since Tuesday’s ID raid at her Johannesburg home, which was about a defence contractor’s claims that she solicited bribes of several million rands between 2017 and 2019. Throughout, Mapisa-Nqakula has maintained her innocence and dismissed any wrongdoing. However, she announced she was going on special leave to protect the integrity of Parliament on Thursday evening.
The interdict and discovery application would not stop the SAPS of NPA from carrying out its functions, as she intends to prove her innocence, clear her name, and restore her reputation. The court papers give Batohi, Cele, and others time until Tuesday to inform Mapisa-Nqakula’s attorney whether they will oppose the application and file responding affidavits by 2 April.
