By Johnathan Paoli
Former National Assembly Speaker Nosiviwe Mapisa-Nqakula’s legal team has intensified its challenge to the State’s corruption case, arguing that contradictions between the evidence of its key witness and that of the complainant undermine the prosecution’s version.
During cross-examination of defence contractor and businesswoman Nombasa Ntsondwa-Ndhlovu in the North Gauteng High Court on Tuesday, advocate Siyabulela Mapoma focused on alleged discrepancies between her testimony and a letter written by Deputy Defence Minister Bantu Holomisa, who first brought the allegations to Parliament’s attention.
Ntsondwa-Ndhlovu, the State’s main witness, alleges that Mapisa-Nqakula solicited about R4.5 million in bribes between 2016 and 2019 while serving as Defence Minister.
She told the court that she eventually paid the former minister R2.15 million in cash.
Mapoma questioned why Holomisa’s letter referred to alleged bribes totalling R5 million, while Ntsondwa-Ndhlovu had consistently testified that the amount was R4.5 million.
Ntsondwa-Ndhlovu denied ever mentioning a R5 million figure, saying it did not appear in the WhatsApp messages she shared with Holomisa.
The defence argued that the discrepancy raised questions about the reliability of the State’s evidence.
Mapoma also pointed to a reference in Holomisa’s letter to a R200,000 payment, which Ntsondwa-Ndhlovu had not mentioned in her testimony.
He argued that the two versions could not both be correct.
The defence further questioned why Ntsondwa-Ndhlovu did not tell Holomisa about an allegation that Mapisa-Nqakula requested R2 million to assist with the promotion of her husband, Major-General Noel Ndhlovu, within the South African National Defence Force (SANDF).
Ntsondwa-Ndhlovu responded that she did not believe Holomisa needed to know that information at the time.
The court also heard further questions about the circumstances surrounding Ntsondwa-Ndhlovu’s approach to Holomisa.
Evidence before court indicates she sought his intervention after military police began investigating a SANDF tender worth about R104 million awarded to her company, Umkhombe Marine.
Ntsondwa-Ndhlovu has maintained that she questioned why she was being investigated by military police as a civilian, arguing that any criminal investigation should have been handled by the South African Police Service.
The defence also scrutinised her 37-page statement to investigators, arguing that several allegations now forming part of the State’s case were not disclosed to Holomisa when she first reported the alleged corruption.
These included the alleged R2 million payment request linked to her husband’s promotion and the alleged R200,000 payment.
Mapoma questioned whether Holomisa shared the letter submitted to Parliament with Ntsondwa-Ndhlovu before it was sent.
She testified that she received an email summarising their discussions but said it was not the same document later submitted to Parliament.
Judge Mashudu Munzhelele also questioned Ntsondwa-Ndhlovu on why she continued making payments despite allegedly being pressured for money.
The judge asked whether the payments could be considered acts of charity.
Ntsondwa-Ndhlovu said she feared damaging her relationship with the minister and believed refusing the requests would negatively affect her business dealings.
She further testified that former Secretary for Defence Sam Gulube had conveyed that the minister urgently needed financial assistance for various expenses.
Mapisa-Nqakula has pleaded not guilty to all charges.
She faces 12 counts of corruption and one count of money laundering.
According to the charge sheet, the State alleges that between December 2016 and July 2019, she unlawfully accepted, agreed to accept, or offered to accept cash payments and other benefits from Ntsondwa-Ndhlovu in exchange for acting, or influencing others to act, in a manner that constituted an abuse of her position as Defence Minister.
The alleged gratification listed in the charge sheet totals R4.55 million, with individual payments ranging from R100,000 to R2 million.
The alleged benefits include cash payments, a wig and US dollars equivalent to R150,000.
Prosecutors allege the payments were made at locations including Irene and Zwartkops in Pretoria, Bruma and OR Tambo International Airport in Johannesburg between December 2016 and July 2019.
The State further alleges that Mapisa-Nqakula committed money laundering by knowingly accepting R2.15 million in cash that constituted proceeds of unlawful activities and taking steps to conceal or disguise the source, nature or movement of the money.
The prosecution has also included alternative corruption charges under the Prevention and Combating of Corrupt Activities Act, alleging that the former Speaker accepted gratification in relation to her duties as a member of the legislative authority and in the course of her employment.
The matter has been adjourned and will continue on Wednesday in the North Gauteng High Court.
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