Various political parties have reacted to the decision by the Pretoria High Court to dismiss Speaker Nosiviwe Mapisa-Nqakula’s attempt to interdict the police and NPA from arresting her.
Pronouncing her judgment this morning (Tuesday) Judge Sulet Potterill said the following:
“If the court grants Mapisa Nqakula the interdict she is seeking, then flood gates would be open.”
“Every suspect will be in a position to approach the court on an urgent basis under speculation that there is a weak case against them and interdict an arrest,” said the judge.
“If any suspect can merely set out in an affidavit that a future arrest would be unlawful then the whole criminal justice system will fall away and be controlled by suspects,” she said.
Judge Potterill explained that the interdict case was not urgent and that there is no fact in law which suggests that the Speaker’s arrest would be unlawful.
She then pointed out that she has not been persuaded by arguments set out by the Speaker’s legal counsel before announcing that the case is dismissed.
“We wrote to the Joint Standing Committee on Defence on 26 March 2021 about allegations that she (Mapisa-Nqakula) received several payments totalling over R5 million between 2017 and 2019 from at least one company that had contracts with the South African National Defence Force when she was still Minister of Defence and Military Veterans,” said UDM leader General Bantu Holomisa in a media statement sent to Tshwane Talks.
“I was then told to take my accusations to the police, I did and here we are waiting for Mapisa-Nqakula to do the right thing,” he said.
“She must please spare us of this business of a motion of no confidence in her in the National Assembly as we are busy campaigning,” said Holomisa.
“Mapisa Nqakula must present herself to the SAPS, finish en klaar,” enthused Holomisa.
“Let’s applaud and appreciate the fact that the judiciary is standing firm in this case and as Premier candidate for Forum for Service Delivery (Forum 4SD) in Gauteng and also President of TTA, I am happy about the court’s decision to dismiss Mapisa-Nqakula’s interdict,” said Abel Tau.
“Mapisa-Nqakula can’t demand special treatment because there is a principle in law which states that all are equal before the law,” he said.
“The PAC appreciates the fact that the court has dismissed Mapisa-Nqakula’s preemptive strike as she was already in bail mode before she could be arrested and charged,” said PAC leader in Tshwane Sbusiso Xaba.
“We in the PAC continue to be amazed by the fact that the ruling party has been promoting people who have big cases to answer to,” he said.