By Johnathan Paoli
Former National Assembly Speaker and Defence Minister Nosiviwe Mapisa-Nqakula came under sustained pressure over a letter written by retired Major-General Noel Ndhlovu, with the State challenging her evidence about why he was not appointed Surgeon-General of the South African National Defence Force (SANDF).
Appearing in the North Gauteng High Court in Tshwane on Wednesday, prosecutor Emile van der Merwe argued that the document contradicted Mapisa-Nqakula’s account that Ndhlovu had been investigated for fraudulently claiming overtime and that his conduct had been “mutinous”.
Mapisa-Nqakula previously testified that the Council of Defence (COD) had not approved Ndhlovu’s appointment because of an investigation into possible fraud involving senior medical officers, including Ndhlovu.
The letter became a key point of cross-examination after Mapisa-Nqakula repeatedly maintained that she had never personally read it, despite relying on matters contained in it when explaining why Ndhlovu was not appointed.
Mapisa-Nqakula told the court that the letter concerned the conduct of military doctors and fell within the responsibilities of the South African Military Health Service and the human resources division.
“I’m saying this letter, my lady, has got nothing to do with me. It has everything to do with HR [Human Resources],” she said.
When asked whether she had actually seen the letter she had previously referred to, Mapisa-Nqakula repeatedly said she had not.
“I did not read the letter. I did not see the letter, but it was placed on the table that is now on the agenda items of the meeting, the COD meeting, my lady,” she said.
The court was told the document was authored by Ndhlovu in his capacity as Director of Military Health Operations and concerned seven senior military healthcare professionals.
Its heading referred to the “potential financial ruin” of the seven officials, while the body of the letter dealt with salary overpayments allegedly arising from the incorrect classification of the officials as clinical managers rather than medical managers.
Van der Merwe put it to Mapisa-Nqakula that the document did not support her earlier evidence that Ndhlovu had fraudulently claimed overtime.
Instead, he said the letter showed that the dispute arose from an administrative error by the HR division.
“General Ndhlovu did not fraudulently claim overtime that he had to repay. Neither did the six other senior officials do so. What did in fact happen is that HR made a mistake with their placements as clinical managers instead of medical managers,” Van der Merwe said.
He said the military had sought to recover the money from the seven officials, potentially causing the financial hardship referred to in the letter.
Mapisa-Nqakula nevertheless stood by her earlier evidence.
Her evidence prompted a sharp response from Van der Merwe, who accused her of making serious allegations against Ndhlovu without having read the document on which she appeared to rely.
“You testified under oath that he claimed overtime for hours that he didn’t work, in other words, that he committed fraud. And for any military man, you probably used the worst expression to say that he acted mutinous,” he said.
The State’s position was that the letter was relevant because the issue had emerged from Mapisa-Nqakula’s own evidence.
Van der Merwe said the State had not known beforehand that this version would form part of her defence and had subsequently obtained the letter from Ndhlovu.
Judge Mashudu Munzhelele admitted the document, saying the State was entitled to produce it during cross-examination because the issue had arisen during the defence evidence.
She warned, however, that the court would ultimately determine what weight should be attached to it.
The letter also fed into a broader dispute about Ndhlovu’s career and his failure to secure the Surgeon-General position.
Mapisa-Nqakula had previously described him as “unappointable”, saying he lacked security clearance and that investigations involving him and his wife were under way, in addition to the allegation that he had been “mutinous”.
She also said being deputy Surgeon-General did not automatically entitle him to the top position.
Van der Merwe put it to her that former SANDF chief General Solly Shoke had been strongly opposed to Ndhlovu’s promotion and that the issue had been discussed at senior level, including with President Cyril Ramaphosa.
Mapisa-Nqakula rejected the suggestion that she, Shoke and Ramaphosa had held a meeting specifically about Ndhlovu’s promotion, insisting that the president would receive reports and make decisions after consultation.
She acknowledged that, under the constitutional framework governing defence, she had an oversight responsibility but maintained that she did not have the authority to advise the president on who should hold senior positions in the defence force.
The State alleges that Mapisa-Nqakula sought R2 million from Ndhlovu’s wife and defence contractor, Nombasa Ntsondwa-Ndhlovu, to secure his promotion.
Mapisa-Nqakula faces 12 counts of corruption and one count of money laundering. The State alleges that she solicited about R4.5 million from Ntsondwa-Ndhlovu between 2016 and 2019, of which just over R2 million was allegedly paid in cash.
Proceedings were adjourned for the day, with Munzhelele postponing the case to Monday.
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