Tensions are rising now that the former Minister of Defense is seeking legal assistance from the Ministry of Defense for a corruption trial

(Photo: News24)

Azra Hoosen | [email protected]
April 22, 2024 | 2:00 PM CAT
2 minutes reading

Former National Assembly Speaker Nosiviwe Mapisa-Nqakula’s request for legal representation from the Ministry of Defense in her corruption case has sparked tensions within the ministry.

It was reported that Defense Minister Thandi Modise’s office has verified that former Speaker Nosiviwe Mapisa-Nqakula, who is accused of corruption, had indeed applied for state funding for her trial. Furthermore, it has been revealed that a senior legal official processed this request without the necessary approval.

Mapisa-Nqakula faces 12 charges of corruption and money laundering related to tenders awarded during her tenure as defense minister.

The ministry disclosed that the request came from the office of the Chief Legal Officer of the South African National Defense Force (SANDF). Major General Eric Mnisi took action to provide such support without first informing the Minister or the Accounting Officer, Minister of Defense, Dr. Thobekile Gamede, to be consulted.

The ministerial spokesperson has called Mnisi’s actions a lack of respect for the executive.

Speaking to Radio Islam, lawyer Mpumelelo Zikalala of Zikalala Lawyers emphasized that requests for legal funding from the state are generally intended to protect persons working in a department from personal liabilities arising from actions carried out in the name and interests of the department . However, in this case, the allegations of corruption are not related to the name or interests of the department, indicating that it should not be the department responsible for covering legal costs.

“How can you be accused of defrauding the department when all the department is going to do is pay your legal bills. You should be able to handle allegations and legal bills yourself,” he said.

Zikalala emphasized that qualifying for legal aid usually involves undergoing stringent tests and a thorough examination of one’s assets and debts. This process ensures that individuals meet the necessary criteria to qualify for legal assistance.

Zikalala suggests that Mapisa-Nqakula is likely to receive her pension benefits, and based on her assets, as set out in her affidavit, these exceed the threshold for legal aid eligibility. Therefore, he considers that she may not be eligible for legal aid and that her request will not be successful.

“This is a huge lesson for government officials: When you transact, make sure you can protect yourself. When there is a criminal proceeding against you, especially from your department, you should bear in mind that the government will not come to your aid,” he said.

The state alleges that during her tenure as defense minister, Mapisa-Nqakula solicited and accepted R2.3 million in bribes and gratuities from Nombasa Ntsondwa-Ndhlovu, a businesswoman accused of fraud. Ntsondwa-Ndhlovu is said to have received R210 million in defense contracts and has now turned state witness and provided information about the alleged corruption.

Mapisa-Nqakula is due to appear in court on June 4^e 2024.

LISTEN to the full interview with Ml Ibrahim Daya and Mpumelelo Zikalala of Zikalala Attorney’s, here.