Mapisa-Nqakula has no choice but to surrender herself to police: Expert

Legal expert, Nthabiseng Dubazana, says Nosiviwe Mapisa-Nqakula will now have to wait for the inevitable to happen and allow her imminent arrest to take place.

Dubazana says Mapisa-Nqakula may have exhausted all legal avenues after the High Court in Pretoria struck off the roll her urgent application to block her arrest.

The embattled Parliament Speaker had asked the court to order the prosecution’s team to furnish her legal team with the docket containing the charges levelled against her.

Dubazana says Mapisa-Nqakula’s move was a waste of money and time.

“It did not make any legal sense and I think over and above that, the request to have what we call a peak into the docket did not make sense.”

Her urgent application, which the court has described as ‘unreasonable’, came shortly after her Johannesburg home was raided amid bribery allegations.

The head of the National Legislature is accused of soliciting a R4.5 million during her tenure as the Defence Minister.

Handing down her scathing ruling, Judge Sulett Potterill said granting Mapisa-Nqakula an order to interdict her arrest would have opened floodgates.

“The court has to be cognisant of the fact that if the court grants such an order, the floodgates would be open. Every suspect would be in a position to approach the courts on an urgent basis setting out on speculation that there is a weak case against it and interdict an arrest.”

Judge Potterill said an arrest without detention is simply not urgent.

“It is most certainly not within the power of this court to instruct the Minister (of Police) to summon the applicant versus to arrest her, there is in any way no such prayer sought in the application before.”

She added that there were no grounds to the urgency of the matter besides Mapisa-Nqakula’s standing in society and dignity.

The National Prosecuting Authority (NPA) welcomed the judgment and said the wheels of justice will now be in motion.

However, they remain mum on whether or not they will forge ahead with the arrest of the former Defence Minister.

NPA’s national spokesperson Mthunzi Mhaga says the court case by the Speaker was unnecessary, adding that they’ve always maintained that the process of arrest would happen seamlessly.

UDM leader, Bantu Holomisa, took to X formerly, known as Twitter, shortly after the ruling and urged the Speaker to surrender herself to the police.

Mapisa-Nqakula had previously accused Holomisa of spreading false information about her imminent arrest.

Holomisa says she must spare them the business of a motion of no confidence and present herself to SAPS.

Nosiviwe Mapisa-Nqakula must hand herself over to the police finish and klaar!! pic.twitter.com/ermQXS9LzA

— Bantu Holomisa (@BantuHolomisa) April 2, 2024

The DA is meanwhile demanding that the National Assembly prioritises its motion against Mapisa-Nqakula.

Chief Whip of the official opposition, Siviwe Gwarube, says they will not bow down to the internal processes of the governing ANC.

“Where they are wanting to ask her to step aside or step down or whatever the case may be. It is important to remind South Africans that the ANC’s internal step aside policy is not something that should have any bearing on the work of parliament or government.’

Gwarube says she believes that today’s judgment will strengthen their arm for the motion of no confidence.

Riiiiight!!!! UNosiviwe Mapisa Nqakula uyangena😜😜😜👇🏿👇🏿👇🏿 pic.twitter.com/pCmb1EGQDU

— Rendani Tshishonge (@RendaniTshisho8) April 2, 2024

Nosiviwe Mapisa-Nqakula heading straight to jail pic.twitter.com/4mr9ZWi5Jy

— ChrisExcelFake (@ChrisExcel102i) April 2, 2024

I have no pity for Nosiviwe Mapisa-Nqakula. She did a dishonorable thing ,as the National Speaker of Parliament, by protecting Phala Phala Cyril Ramaphosa. She must just hand herself to the nearest police station to avoid further embarrassment to herself. pic.twitter.com/EMIrg1Uia8

— 💜Mao🇿🇦 (@Remiazania1) April 2, 2024

If Nosiviwe Mapisa-Nqakula had succeeded with her application, lawyers were going to make so much money with such applications.

— ZacM (@ZacMoselane) April 2, 2024

Mama Nomzamo gives us a signal. That woman is a fighter. She is even stronger now.
Nosiviwe Mapisa-Nqakula must deal with her resignation from ANCWL when mama was elected the president.

— A man of few words (@SimphiweMotman) April 2, 2024