The corruption trial of former Defence Minister and National Assembly Speaker Nosiviwe Mapisa-Nqakula resumed in the Gauteng Division of the High Court in Pretoria, following a major procedural setback for her legal team.
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Judge Mashudu Munzhelele formally dismissed Mapisa-Nqakula’s application for a Section 174 discharge, ruling that the National Prosecuting Authority (NPA) and the Investigating Directorate Against Corruption (IDAC) had presented sufficient prima facie evidence to require the former minister to take the stand and present her defence.
As Mapisa-Nqakula took the witness stand to testify under oath, legal tension flared when state prosecutor Advocate Emile van der Merwe raised concerns regarding an alleged consultation between the accused and her junior counsel during a court adjournment.
Procedural friction over court-break consultation
Under South African criminal procedure, once an accused person takes the witness stand to testify, they are under oath and barred from consulting with their legal team during breaks until cross-examination concludes, ensuring the integrity of witness testimony.
During proceedings, the prosecution told the court that Mapisa-Nqakula appeared to have engaged in a brief discussion with her junior counsel during an official adjournment.
Lead advocate for the defence, Siyabulela Mapoma SC, clarified the nature of the interaction, maintaining that no substantive details or legal strategies regarding the testimony were discussed. Despite the explanation, the state requested that the court issue a formal reminder regarding witness-under-oath protocols to safeguard procedural fairness.
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The charges and the Section 174 discharge ruling
Mapisa-Nqakula is facing 12 counts of corruption and one count of money laundering under the Prevention and Combating of Corrupt Activities Act.
The prosecution alleges that between 2016 and 2019, while serving as Minister of Defence and Military Veterans, she solicited approximately R4.55 million and received R2.1 million in physical cash kickbacks from defence contractor Nombasa Ntsondwa-Ndhlovu, owner of Umkhombe Marine, in exchange for securing lucrative South African National Defence Force (SANDF) logistics contracts.
In her judgment dismissing the defence’s discharge application, Judge Munzhelele noted that circumstantial evidence, coded communications, and bank records showing R1.8 million spent on home renovations established a clear prima facie case.
The court highlighted that money laundering charges were supported by evidence suggesting illicit cash payments were funnelled into legitimate asset improvements.
Nosiviwe Mapisa-Nqakula maintains her innocence
Taking the stand to deliver her main evidence-in-chief, Mapisa-Nqakula firmly denied all allegations of soliciting or receiving cash bribes. Addressing her personal interactions with Ntsondwa-Ndhlovu, she told the court that phone calls and meetings between them revolved around legitimate departmental matters and industry stakeholders rather than unlawful transactions.
With her Section 174 application dismissed, the high-profile trial moves into a critical phase as state prosecutors prepare for intense cross-examination, examining bank trails, witness testimonies, and ministerial oversight during her tenure.
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