Cash Trail: Will Mapisa-Nqakula walk? Defence moves to have R4.5m corruption case thrown out

Three weeks into the corruption and money-laundering trial of former National Assembly speaker Nosiviwe Mapisa-Nqakula, the prosecution has concluded its case, leaving the former defense minister's legal team poised to challenge the validity of the charges. The trial, held in the Gauteng Division of the High Court in Pretoria, has featured more than 15 witnesses, including family members, friends, and associates of the primary complainant, Nombasa Ntsondwa-Ndhlovu. On Thursday, 13 August, Mapisa-Nqakula’s lawyer, Siyabulela Mapoma SC, informed the court that the defense plans to file a Section 174 application seeking to dismiss the charges. This move requires the defense to submit the complete transcripts of all evidence presented so far. If granted, such an application would lead to the dismissal of the case at the end of the prosecution’s presentation, thereby exempting Mapisa-Nqakula from having to defend herself or appear as a witness. Mapisa-Nqakula faces 12 counts of corruption and one count of money laundering. Prosecutors allege that she accepted approximately R4.5 million from Ntsondwa-Ndhlovu between December 2016 and July 2019 while serving as minister of defense. Central to the state’s argument is the relationship between the accused and Ntsondwa-Ndhlovu, whose company, Umkhombe Marine, won a R104-million SANDF logistics contract in February 2016. The contract was later suspended, leading Ntsondwa-Ndhlovu to pursue legal action against the military. During her testimony, Ntsondwa-Ndhlovu claimed that before the dispute reached judicial review, military officials proposed a replacement contract valued at R79 million, contingent upon her withdrawing the lawsuit, without her having competed for the initial contract. It was following this incident that the alleged demands for cash reportedly began. She stated that she received requests for sums ranging from R100,000 to R300,000, followed by R400,000 and additional amounts. These requests were communicated through coded terms such as "impepho," "padkos," "wig," and "snuff," each representing specific monetary values. Much of the state’s evidence was indirect, relying on testimonies about cash transactions, renovations, financial records, and events related to Ntsondwa-Ndhlovu’s bank accounts, rather than direct proof of Mapisa-Nqakula receiving the alleged bribes. The state also called upon Ntsondwa-Ndhlovu’s husband, Noel Ndhlovu, a retired senior soldier and physician, to testify. He recounted accompanying his wife to deliver an alleged bribe to Mapisa-Nqakula’s residence in Johannesburg. He also revealed that he grew upset when his wife disclosed the payments she had made to the former minister and instructed her to cease them. Despite this, according to Ntsondwa-Ndhlovu’s testimony, five more payments occurred after their discussion. Ndhlovu also shared insights into his own military career, including an alleged request concerning his promotion. According to the state, Ntsondwa-Ndhlovu was invited to Mapisa-Nqakula’s home in September 2018 under the pretense of receiving an ancestral message. She anticipated another payment request and arrived with cash. However, instead, Mapisa-Nqakula allegedly asked for R2 million to expedite Ndhlovu’s promotion within the SANDF. Ntsondwa-Ndhlovu denied the request, believing her husband should be promoted based on merit. Ndhlovu testified that he learned of this alleged demand through his wife’s account.