Azra Hoosen | ah@radioislam.co.za
24 January 2025 |15:45 CAT
3 min read

Nosiviwe Mapisa-Nqakula, the former South African Defence Minister and current Speaker of Parliament, is embroiled in a high-profile legal battle as her legal team pushes for the disclosure of confidential sections of the prosecution docket. The case stems from a devastating affidavit submitted by defence tenderpreneur Nombasa Ntsondwa-Ndhlovu, which details allegations of corruption, entitlement, and systemic extortion within the Department of Defence.

The affidavit, described as a potential game changer, sheds light on the alleged corrupt practices involving Mapisa-Nqakula and raises broader questions about accountability in South Africa’s public institutions. Sam Sole, an esteemed investigative journalist and co-founder of the amaBhungane Centre for Investigative Journalism, weighed in on the complexities and implications of the case.

According to Sole, the affidavit is a Section 204 affidavit, which means Ntsondwa-Ndhlovu is an accomplice who was kind of in the room with the perpetrator and is “spilling the beans on a co-perpetrator”. He explained that Ntsondwa-Ndhlovu hopes to secure immunity in exchange for providing full and honest evidence.

If found credible, the affidavit could provide invaluable insights into a culture of corruption within the highest levels of government and the African National Congress (ANC). However, Sole noted that the process of securing Ntsondwa-Ndhlovu as a state witness has raised questions about her credibility and the integrity of the affidavit.

“The affidavit is so damning that the minister’s defence team is going to zero in on it and try to raise doubts about the credibility of the witness,” he said. He highlighted contradictions between Ntsondwa-Ndhlovu’s affidavit and evidence gathered by the National Prosecuting Authority’s (NPA) Serious Commercial Crimes Unit.

Sole also pointed out concerns about the process by which Ntsondwa-Ndhlovu was made a state witness. At the time, she was already facing charges in court, and the decision to drop those charges in exchange for her testimony has led to accusations of mismanagement and mistrust within the NPA.

Broader Implications of Corruption

According to Sole, Mapisa-Nqakula’s alleged actions suggest that her behaviour was not an isolated incident but rather part of a broader system of entitlement and corruption. “The casual demands for money and the alleged offer to promote Ntsondwa-Ndhlovu’s husband within the SANDF reflect a sense of entitlement and a culture of corruption that was, at least to some extent, known within the department,” he remarked.

The affidavit also alleges that key figures, including former Secretary of Defence Sam Gulube, were aware of and possibly complicit in the corrupt activities. Sole noted that Gulube’s role in creating a corrupt network within the SANDF warrants further investigation despite his passing.

Challenges Within the NPA

The NPA has faced internal mistrust, which could impact the prosecution’s chances of success. Sole explained, “There was an option for the investigating directorate to consult with their colleagues in the Serious Commercial Crimes Unit, but this was not done. Instead, misleading answers were provided, leading to mistrust between different arms of the NPA.”

The internal divisions within the NPA have raised concerns about its ability to effectively prosecute high-profile cases. He emphasised the importance of getting this case right to restore public trust in the institution.

The affidavit reveals alleged demands for bribes using coded language, such as referring to money as “Mpepu.” Sole highlighted how this casual use of coded language underscores the entrenched nature of corruption within government. “The minister allegedly used terms like ‘bring the same Mpepu again,’ and WhatsApp communication between her and Ntsondwa-Ndhlovu provides important backing for these claims,” he said.

He suggested that fear of financial harm and retaliation may have played a role in Ntsondwa-Ndhlovu’s compliance with alleged demands for bribes. “If you know your business was obtained improperly, you are in a bind when someone demands payment to protect it,” he explained.

The case has significant implications for public perceptions of corruption in South Africa’s government institutions. “This confirms the public’s view that many public institutions are rotten,” Sole said. He criticised President Cyril Ramaphosa’s tendency to avoid addressing allegations against powerful figures directly. “The president moved Mapisa-Nqakula from the ministry to become Speaker, reinforcing the perception that powerful individuals face no consequences,” he added.

Next Steps in the Case

The case has been postponed to allow the prosecution and defence to negotiate the disclosure of key documents. Sole noted that the defence will likely use any disclosed information to challenge Ntsondwa-Ndhlovu’s credibility and the process by which she became a state witness. “The next critical stage will be when Mapisa-Nqakula is required to plead and when Ntsondwa-Ndhlovu enters the witness box. Her testimony will be pivotal in determining the outcome of this case,” Sole stated.