Yesterday, the Pretoria high court delivered what is perhaps the most unsurprising judgment we have seen recently.
The court threw out an application by National Assembly speaker Nosiviwe Mapisa-Nqakula to interdict her imminent arrest.
Mapisa-Nqakula is accused of accepting about R2m in bribes from a service provider during her term as defence minister.
Since March 8, she has been fighting off attempts by the National Prosecuting Authority (NPA) to bring her before court to face a corruption trial.
In her interdict application she claimed that the NPA was attempting to deny her the right to be represented by an attorney, as they wanted to arrest her in his absence.
Not only was this untrue, it was a disingenuous attempt to mislead the public about the extent to which the police and NPA negotiated efforts to bring her to court seamlessly.
Mapisa-Nqakula further claimed there was an attempt by authorities to embarrass her and taint her image. This is a theory we have become too familiar with from prominent leaders accused of corruption.
It is a poor attempt to delegitimise the process of legal accountability by throwing out unfounded allegations that actions from law enforcement authorities are part of some well-orchestrated political conspiracy against the accused.
Importantly, the court rejected her demand for the NPA to disclose its evidence against her before she is arrested.
Not only did she not have such a right, her demand was absurd. Left unchallenged, it would have ultimately opened the floodgates for suspects to make similar demands, rendering our justice system chaotic and vulnerable to abuse by alleged criminals.
That the head of our legislature made such a demand indicates her level of arrogance and desperation to avoid accountability as well as her disregard for the very laws she is expected to uphold.
Yesterday’s ruling paves the way for her arrest, or as the NPA has previously indicated – having her voluntarily present herself to a police station for processing and then ultimately appearing in court.
The allegations against Mapisa-Nqakula are yet to be proven. The NPA believes it has a strong case against her. Ultimately, a court will have the final say. For now we must welcome that the wheels of justice are beginning to turn.
SOWETAN | High court rescues rule of law
Yesterday, the Pretoria high court delivered what is perhaps the most unsurprising judgment we have seen recently.
The court threw out an application by National Assembly speaker Nosiviwe Mapisa-Nqakula to interdict her imminent arrest.
Mapisa-Nqakula is accused of accepting about R2m in bribes from a service provider during her term as defence minister.
Since March 8, she has been fighting off attempts by the National Prosecuting Authority (NPA) to bring her before court to face a corruption trial.
In her interdict application she claimed that the NPA was attempting to deny her the right to be represented by an attorney, as they wanted to arrest her in his absence.
Not only was this untrue, it was a disingenuous attempt to mislead the public about the extent to which the police and NPA negotiated efforts to bring her to court seamlessly.
Mapisa-Nqakula further claimed there was an attempt by authorities to embarrass her and taint her image. This is a theory we have become too familiar with from prominent leaders accused of corruption.
It is a poor attempt to delegitimise the process of legal accountability by throwing out unfounded allegations that actions from law enforcement authorities are part of some well-orchestrated political conspiracy against the accused.
Importantly, the court rejected her demand for the NPA to disclose its evidence against her before she is arrested.
Not only did she not have such a right, her demand was absurd. Left unchallenged, it would have ultimately opened the floodgates for suspects to make similar demands, rendering our justice system chaotic and vulnerable to abuse by alleged criminals.
That the head of our legislature made such a demand indicates her level of arrogance and desperation to avoid accountability as well as her disregard for the very laws she is expected to uphold.
Yesterday’s ruling paves the way for her arrest, or as the NPA has previously indicated – having her voluntarily present herself to a police station for processing and then ultimately appearing in court.
The allegations against Mapisa-Nqakula are yet to be proven. The NPA believes it has a strong case against her. Ultimately, a court will have the final say. For now we must welcome that the wheels of justice are beginning to turn.