A Gauteng High Court judge has ruled in favour of former Defence Minister Nosiviwe Mapisa-Nqakula, granting her access to key parts of the investigation file in the state’s fraud case against her.
Judge orders disclosure of state’s documents in Mapisa-Nqakula case
The ruling, handed down in the Gauteng High Court in Pretoria, confirms that Mapisa-Nqakula must be given documents that are crucial to prepare her defence.
Mapisa-Nqakula is accused of taking over R2 million in bribes between 2016 and 2019, during her time in the Defence Ministry. The money allegedly came from a businesswoman, Nombasa Ndhlovu, who was involved in military logistics contracts.
The court’s decision came after the state refused to share certain parts of the case file with her, arguing that giving her access might put witnesses in danger or reveal sensitive details about the investigation.
The state especially opposed sharing Sections B and C of the police docket, saying they wouldn’t be used in court and should stay private.
But the judge disagreed. He said Mapisa-Nqakula has the right to a fair trial, which includes knowing all the evidence that could be used against her.
He explained that while it’s normal for police dockets to be shared only after an investigation is complete, there are times when it’s necessary to share them earlier. In this case, the judge ruled it was important for her to see crucial information, especially because one of the state’s key witnesses—Ndhlovu—is likely to testify under special protection.
In simple terms, the judge said that without access to the file, Mapisa-Nqakula would not be able to defend herself properly. The judge then ordered the state to give her partial access to the documents.
The judge gave a clear and detailed order. Firstly, the state must hand over the docket to Mapisa-Nqakula. Secondly, the judge ordered that the state must provide her with a progress report about statements made by one of the key witnesses, Nombasa Ndhlovu, in a separate military fraud case (docket number CAS 07/11/2017). This report must come from the Pretoria Specialised Commercial Crimes Court.
However, the judge did not grant everything Mapisa-Nqakula asked for. The judge refused her request to access Section C of the police docket (docket CAS 176/03/24), which includes the police’s investigation diary. The diary is basically a record of the steps police took during their investigation. The state argued that Mapisa-Nqakula’s reasons for accessing this portion of the discovery were unsatisfactory.
This ruling puts pressure on the National Prosecuting Authority (NPA), which has already faced criticism for how it handled several high-profile cases, including the recent shocking outcome of the Timothy Omotoso trial.
Meanwhile, the legal case against Mapisa-Nqakula is still ongoing.
The former minister was arrested after a search-and-seizure operation at her home in March 2024. She is accused of using her power to ask for cash payments in return for business favours during her time at the Defence Ministry.
For now, the court ruling means her lawyers can begin going through the partial case file to prepare their defence.
The next steps in the trial will depend on what they find in the documents the state must now hand over.