Mapisa-Nqakula not entitled to docket nor 'special treatment', says criminal law expert

JOHANNESBURG - Criminal law attorney Ulrich Roux says the National Assembly speaker's court bid to prevent the National Prosecuting Authority (NPA) from arresting her seems to be based on the false assumption that she is entitled to special treatment.

Nosiviwe Mapisa-Nqakula is alleged to have benefited from tender kickbacks of over R2 million during her tenure as defence minister. 

In response, the speaker took  “special leave” and launched an urgent court bid to interdict her arrest.

She has called on the NPA to provide her with details of their investigation, including the entire police docket.

Mapisa-Nqakula has also been accused of attempting to influence the criminal justice system based on her circumstances and preferences.

READ: Mapisa-Nqakula says jail would threaten her health and life as a senior citizen

Roux said Mapisa-Nqakula is likely be dealt a blow in court on Monday. 
 
"She [is] in my view not entitled to a copy of the docket but she would only be entitled l when the investigation has been completed, the matter has been enrolled in court and the matter has been found to be trial ready and it can proceed to be set down for trial

"But at this stage, it is a strange request made by her where she has approached the court. The independent directorate is fully within their rights to bring her before court and to enroll the matter in a criminal court."
 
Political analyst Sandile Swana said the speaker has undermined the status of the executive arm of government and Parliament.

“Having such a high office of heading up the legislator - which is supposed to oversee the executive as well and to be the true representative of the people, she now finds herself implicated in this.

"This is a big political scandal locally and internationally because it challenges and questions our government and the quality of governance in South Africa."