Tensions flare in court as Mapisa-Nqakula defence alleges witness intimidation - TimesLIVE

The defence team in former defence and military veterans minister Nosiviwe Mapisa-Nqakula’s corruption and money laundering trial has raised suspicions that the Investigating Directorate Against Corruption (Idac) is allegedly intimidating potential defence witnesses, making them reluctant to testify.

This revelation came on Wednesday after the conclusion of Mapisa-Nqakula’s testimony at the Gauteng high court in Pretoria.

Defence advocate Siyabulela Mapoma informed the court that while the defence intends to call three witnesses, they are facing significant hurdles securing their appearance. Only one witness has confirmed they will testify on Friday.

Mapoma highlighted that the two reluctant witnesses are officials from the department of defence’s finance unit. He said they have been struggling to reach them since the beginning of the week, as they are not answering their phones and are refusing to co-operate in arranging their court appearances.

He said their sudden reluctance began after they were visited by an investigator named Mr (Mantsha) Raphesu.

“The reluctance of these witnesses to help us came after they were visited by a Mr Raphesu, who told them he came from the military police,” Mapoma told the court.

“The Raphesu we know is Mr Raphesu from Idac. We provided the witnesses’ names to the state, and suddenly Raphesu visited them, after which they became unwilling to cooperate.

“When I met the witnesses initially, they were willing to testify. I went there myself and spoke to them. Because they are no longer answering their phones, we suspect they are reluctant to come forward, and we may now have to subpoena them. We are worried someone is intimidating them. They had been working with us side by side, and now they refuse to pick up our calls.”

Mapoma further noted that the defence possesses a document provided by these witnesses, who have now abruptly gone silent.

State prosecutor Emile van der Merwe said he was unaware of the matter and did not know the identities of the defence’s intended witnesses.

Following the exchange, the court ruled that subpoenas would be served on the two finance officials on Wednesday for a Monday appearance, while the case was postponed to Friday for the single confirmed witness.

Idac spokesperson Henry Mamothame dismissed the claims, stating that Idac had already informed the court there was no truth to allegations of intimidation. He confirmed, however, that an investigator had approached the two individuals because the state was seeking to obtain statements from them.

Mapisa-Nqakula faces 12 counts of corruption and one of money laundering linked to her tenure as defence minister between 2016 and 2019. She is accused of soliciting R4.5m in bribes, R2.1m of which was allegedly paid in cash from South African National Defence Force (SANDF) logistics contractor Nombasa Ntsondwa-Ndhlovu to secure and maintain government tenders. The state alleges that the alleged bribes were used to fund house renovations at her home in Bruma.

Retired SANDF deputy surgeon-general Noel Ndhlovu Maj-Gen Noel Ndhlovu and his wife, SANDF logistics contractor Nombasa Ntsondwa-Ndhlovu. Mapisa-Nqakula was further cross-examined regarding her salary and state-provided subsistence and travel (S&T) allowances, which she claimed were used to fund cash renovations at her home. The renovations, totalling between R1.7m and R1.8m, were paid in cash.

She testified that she still owes interior decorator Nomsa Shabangu R200,000 for the project, which she promised to pay using her pension funds. Shabangu previously testified that the former minister originally promised to settle the debt upon her planned retirement in 2019. However, Mapisa-Nqakula’s retirement was delayed when she was appointed speaker of Parliament in 2021. She subsequently resigned from Parliament on April 3 2024, amid the corruption allegations.

Mapisa-Nqakula admitted she has yet to pay the balance, stating her last payment was made around 2021 or 2022 after she left the department of defence. She explained that her pension funds had been exhausted covering her legal fees but maintained that she intends to pay Shabangu.

The court also revisited testimony regarding the source of the renovation funds. Key state witness Ntsondwa-Ndhlovu previously testified that Mapisa-Nqakula requested a meeting in April 2019, claiming she only had R6,000 left in her bank account and urgently needed cash to pay contractors.

Mapisa-Nqakula dismissed this claim, testifying that she did not recall her account balance at the time nor did she ever share financial details with Ntsondwa-Ndhlovu. “If Ntsondwa-Ndhlovu says I had R6,000, it’s interesting where she got that information,” she said, adding that not even her husband knows her bank balance.

However, Van der Merwe presented bank statements showing that between April 4 and 9 2019, Mapisa-Nqakula’s account was actually overdrawn by just over R6,000. He argued that without Ntsondwa-Ndhlovu’s cash injections, Mapisa-Nqakula would have been unable to pay the builders, asserting that cash was intentionally used to conceal the origin of the funds.

Mapisa-Nqakula rejected the state’s assertion. “I don’t have any reason to hide money to make renovations at my house.”

Van der Merwe further cited evidence from Wynand Wessels, chief financial investigator at Idac, who testified that cash withdrawals made by Mapisa-Nqakula, her husband, and their children were far from sufficient to cover the renovation costs.

“That’s not true,” Mapisa-Nqakula maintained. “I was in Parliament for 30 years and earning. I would go out and travel, and sometimes I wouldn’t even spend my S&T when travelling. I have never asked for money from Ntsondwa-Ndhlovu.”

Mapisa-Nqakula also denied ever meeting Ntsondwa-Ndhlovu’s sister, Andiswa Ntsondwa-Joyi, who testified that she accompanied her sister to deliver cash to Mapisa-Nqakula’s house in April 2019. Mapisa-Nqakula insisted she had no memory of meeting her before seeing her in court.

Addressing questions about whether she discussed promotion or succession plans in the SANDF for Ntsondwa-Ndhlovu’s husband and retired SANDF deputy surgeon-general Noel Ndhlovu, Mapisa-Nqakula denied discussing any individual succession plans. She explained that while he served as deputy, only general military promotion processes were discussed without mentioning specific names.

Mapisa-Nqakula, who previously pleaded not guilty to all charges, firmly maintained her innocence before the court. “I’m not guilty.”

Reflecting on the origin of her relationship with Ntsondwa-Ndhlovu, Mapisa-Nqakula explained that their initial connection was purely spiritual.

“The joy was brought up because it was the first time I came across someone who went through the same spiritual journey as when I came to Gauteng. It was my first time meeting someone undergoing the same spiritual process I was undergoing. I was excited to hear her own experiences and also hear what made her decide to undergo this journey at a young age.”

She added: “I didn’t know much about business matters. My relationship with Ntsondwa-Ndhlovu had everything to do with our spiritual journey. That’s what made me hold her in such high regard. The pain and difficulties of going through that process are not easy, the journey can either make you or break you.”

The matter has been postponed to Friday.