The state’s corruption case against former defence minister and ANC stalwart Nosiviwe Mapisa-Nqakula hangs in the balance after the NPA took a decision to press ahead with a separate fraud and corruption case against its star witness.
Senior officials in the Investigating Directorate Against Corruption (IDAC) have been in constant contact with the witness, businesswoman Nombasa Ntsondwa-Ndhlovu, in a bid to ensure she does not pull out of her agreement to provide evidence against Mapisa-Nqakula.
The case against the former defence minister and parliamentary speaker represents a seminal moment for President Cyril Ramaphosa’s war on corruption in the senior ranks the ANC. IDAC is South Africa’s newest anti-corruption unit, prosecuting powerful politicians.
The NPA’s Mthunzi Mhaga confirmed yesterday that representations by Ntsondwa-Ndholvu in the separate fraud and corruption matter against her had been rejected and “a decision has been made to prosecute her.”
The representations were made in December 2023.
“[The] decision has been formally communicated to Ms Ntsondwa-Ndhlovu’s attorneys,” he said. “This decision has no bearing on the former speaker's case as these are two separate cases.
“The NPA will not be making any further statements or responding to questions regarding either of these matters, in order not to compromise them.”
Mhaga said the delay in considering the representations was because they had been incomplete, an issue that was eventually resolved.
Despite the NPA’s assertions, two sources close to the investigation said the decision to reject the representations and reinstate the charges threatens the ongoing trial against Mapisa-Nqakula as it relies mainly on Ntsondwa-Ndhlovu’s testimony.
The Sunday Times last year broke the news that Ntsondwa-Ndhlovu had entered into an agreement with the NPA, under Section 204 of the Criminal Procedures Act, and revealed that she had delivered R2.3m in cash — sometimes in designer handbags — to the former minister for defence department contracts worth hundreds of millions of rand.
Ntsondwa-Ndhlovu is reported to have received contracts in excess of R200-million from the department of defence.
Ntsondwa-Ndhlovu, as a co-operating witness in the fraud and money laundering case, could be indemnified from prosecution over any incriminating information against herself, though this can only be confirmed by the judge presiding in the matter at the end of the trial.
They have just communicated that the representations are not successful and the matter was removed from the roll because there was a delay in processing the representations. We don't know what their next move is, and as and when they decide their next move, we will then decide on a way forward.”
— Chewe Machaka. attorney for Mapisa-Nqakula
“The reality is that this matter was poorly handled ... There was a rush to charge the former minister, who represents a big catch, instead of securing a conviction to use as leverage against the witness to co-operate against the politician,” said one source.
“The NPA was heavily criticised for doing the same thing in the [late former national police minister Jackie] Selebi matter, and it was a matter of time before the national director of public prosecutions caved under the public pressure in this instance.”
The second source said: “It might be true that this could have been done chronologically, but you have to consider that Ntsondwa-Ndhlovu approached IDAC more than two years after she had been arrested, and there were many postponements that led to the case being eventually struck off the roll.
“The question to ask here is which is the bigger catch, and what has taken so long for that matter to be concluded. If the corruption case against Ntsondwa-Ndhlovu is so strong, why is she the only accused? Who did she corrupt? Consider those questions, and then decide if it is worth throwing away a strong case against a politically exposed person,” the second source said.
Ntsondwa-Ndlhlovu would not confirm that she would continue co-operating with the NPA, saying only that her legal team would consider the latest decision by the NPA.
Her attorney, Chewe Machaka, hinted his client might want to take the NPA's decision on review.
“From where we are now, they have just communicated that the representations are not successful and the matter was removed from the roll because there was a delay in processing the representations. We don't know what their next move is, and as and when they decide their next move, we will then decide on a way forward,” said Machaka.
The Sunday Times understands that when charges are eventually brought against Ntsondwa-Ndholvu again, she will not be on her own as the state plans to add more accused, possibly including another witness in the case against Mapisa-Nqakula.
The former minister was arrested and charged last April shortly after the Sunday Times revealed a high-level investigation against her, and after a raid at her Bruma, Johannesburg home.
She appeared at the high court in Pretoria after she resigned her position as speaker. The Sunday Times understands that the early morning raid at her property netted evidence including handbags and wigs that Ntsondwa-Ndhlovu mentioned in her affidavit detailing numerous meetings to deliver cash at various locations, including the house.
All the evidence, including oral evidence of 17 witnesses who will corroborate Ntsondwa-Ndhlovu’s version of events, could be considered inadmissible if Ntsondwa-Ndhlovu does not confirm her version of events when she takes the stand in the ongoing trial.
Mapisa-Nqakula’s legal team has already hinted at attacking her credibility, placing on record that they believe that the state’s star witness concocted the allegations to save herself after she was arrested for fraud and corruption in 2020.
Ntsondwa-Ndhlovu, the wife of a South African National Defence Force (SANDF) general, was arrested and charged with fraud and corruption related to her allegedly submitting false B-BBEE, insurance and credit guarantee documents in order to win defence force logistics contracts in 2014. She also, allegedly falsified a claim for R30m emanating from an aborted tender award in 2016, saying the company had to pay a subcontractor who had started at the time of cancellation. The subcontractor claimed that his signature was forged.
She was also charged with corruption related to her allegedly paying R1.3m to now retired SANDF general Derrick Mgwebi through his wife’s perfume company, ostensibly to influence the awarding of tenders to her company Umkhombe Marine.
In December 2023 Ntsondwa-Ndhlovu submitted representations — her third attempt to get the NPA to drop charges against her — arguing that two witnesses against her and Umkhombe Marine in relation to the B-BBEE certificate were not reliable because they contradicted each other.
She argued that the allegedly falsified signature was found by military police investigators to be the same as a genuine sample it was compared to.
Ntsondwa-Ndhlovu also argued that the R1.3m payment was not made directly to Mgwebi, saying it was in fact payment for shares in his wife’s business, adding that Mgwebi was no longer in the defence force when the payment was made.
FInally she questioned why she, a civilian, was arrested by the Military Police and prosecuted by them through the NPA without being handed over to the South African Police Service for processing as prescribed by law.
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