National Assembly Speaker Nosiviwe Mapisa-Nqakula is under intense scrutiny over allegations of receiving millions in bribes, and on Monday, questions still linger on whether the disgraced senior Parliament official will be arrested for corruption.
Nosiviwe Mapisa-Nqakula cash bribes broken down
On Monday, the Pretoria High Court heard an urgent application from Mapisa-Nqakula, who lodged a bid to prevent the National Prosecuting Authority (NPA) from arresting her.
Amid accusations of accepting millions in bribes from a contractor, Nombasa Ndhlovu, during her time as the Minister of Defence, Mapisa-Nqakula is fighting to clear her name, especially with elections on the horizon.
She accuses the NPA of tarnishing her image and alleges a trial by media, asserting that the charges are a ploy to activate the ANC’s step-aside rule and are based on apartheid-era tactics.
A detailed affidavit from the NPA outlines various instances where Nosiviwe Mapisa-Nqakula allegedly received cash bribes totalling R4,550,000 from tendepreneur Ndhlovu between 2016 and 2019, some of which include:
- 3 July 2017, Bruma, Johannesburg: An alleged payment of R200,000.00.
- 4 November 2017, Bruma, Johannesburg: This transaction reportedly involved a payment of R150,000.00.
- 5 August 2018, Zwartkops, Pretoria: Mapisa-Nqakula is alleged to have received R250,000.00.
- 6 September 2018, Bruma, Johannesburg: A significant transaction involving R2,000,000.00 is detailed.
- 7 September 2018, Bruma, Johannesburg: Another payment made on this date amounted to R150,000.00.
- 8 September 2018, Bruma, Johannesburg: An additional R150,000.00 was allegedly paid.
- 9 September 2018, Waterkloof, Pretoria: This transaction involved US dollars equivalent to R150,000.00.
- 10 February 2019, OR Tambo airport, Johannesburg: Allegedly, Mapisa-Nqakula received R300,000.00 along with a wig.
- 11 April 2019, Bruma, Johannesburg: A payment of R400,000.00 is listed.
- 12 July 2019, Bruma, Johannesburg: The final listed transaction involves a payment of R100,000.00.
What is the Register of Members’ Interests?
The Register of Members’ Interests stands as a pivotal element in maintaining the transparency and integrity of Parliament’s operations.
This register is established under the Code of Ethical Conduct and Disclosure of Financial Interests, mandating Members of Parliament (MPs) to annually disclose their financial interests.
The essence of this requirement is twofold: to uphold the highest ethical standards expected of MPs and to prevent any conflicts between their public duties and private interests.
Categories of registrable interests
MPs are required to declare a wide array of financial interests, including but not limited to:
- Shares and other financial interests in companies and corporate entities. This ensures that MPs’ investments do not influence their parliamentary duties.
- Remunerated employment outside Parliament, which might compete with or influence their responsibilities as MPs.
- Directorships and partnerships in businesses, which could potentially conflict with their public roles.
- Consultancies and sponsorships, which might offer undue influence on their decision-making processes.
- Gifts and hospitality received that exceed a certain value threshold, except those from family members, to prevent potential obligations to benefactors.
- Foreign travel not related to personal or unrelated business visits, highlighting transparency in official travels funded by external entities.
- Land and property ownership, including outside the Republic, to disclose potential real estate interests that might affect their public duties.
- Pensions, public contracts, trusts, and encumbrances, offering a full view of their financial landscape.
The importance of declaring interests
The requirement for MPs to declare their interests is grounded in several critical reasons:
- Upholding Ethical Standards: MPs are in positions of public trust, and declaring their interests is a key mechanism to ensure they live up to the high ethical standards expected of them.
- Enhancing Transparency: By disclosing their interests, MPs contribute to a transparent environment where the public can scrutinize their potential conflicts of interest.
- Strengthening Public Trust: The act of declaring interests serves to build and maintain trust between the public and their elected representatives, reassuring citizens of the integrity of parliamentary processes.
- Preventing Conflicts of Interest: The disclosure helps to identify and manage any conflicts between MPs’ public duties and private interests, ensuring that their decisions are made in the best interest of the public.
Consequences of non-compliance
Failure to comply with the requirements for disclosing interests can lead to significant consequences for MPs. These range from fines and reductions in salary or allowances to suspension or exclusion from participating in parliamentary debates and committees.
Such penalties reinforce the seriousness with which Parliament treats the ethical conduct and transparency of its members.
Through the Register of Members’ Interests, Parliament aims to foster an environment of accountability, transparency, and integrity, ensuring that MPs serve the public interest with unwavering ethical standards.
Every ‘gift’ Mapisa-Nqakula declared since 2016
Detailing every ‘gift’ Nosiviwe Mapisa-Nqakula declared since 2016 offers a panoramic view of her disclosed interests, juxtaposed starkly against the allegations of undeclared kickbacks detailed in the state’s affidavit.
This comparison not only raises questions about the transparency and completeness of these disclosures but also highlights the gravity of the discrepancies involved and their implications.
2016 Declarations
- Shares and Financial Interests: Mapisa-Nqakula declared owning 300 ordinary shares in Sanlam and 9,499 Exchange Traded Securities in Satrix, valued at R399,462.75 as of February 2016.
- Directorships and Partnerships: She listed a directorship in The South African Cities Network, highlighting her engagement with non-profit organizations.
- Gifts and Hospitality: Among the gifts, she reported receiving books titled “Our Story Honoring the Ancestors” from South African Heritage Publishers, though the value was unspecified.
- Land and Property: Disclosed ownership of apartments in Tshwane and Johannesburg, indicating a substantial investment in real estate.
2017 Declarations
- Directorships and Partnerships: She added a directorship in Edgebay Dyambo, a business entity from which she received dividends.
- Gifts and Hospitality: Notable gifts included a Defence Gold Plate from the MOD: Nigeria, and various items from the Russian Embassy and MOD: Russia, among others from international dignitaries, showcasing a wide range of diplomatic exchanges.
2018 Declarations
Mapisa-Nqakula did not declare any new shares, financial interests, or significant assets this year, highlighting a year of potential stability in her financial profile or a strategic decision in her disclosures.
2019 Declarations
- Directorships and Partnerships: Continued to receive dividends from her involvement with Edgebay and Dyambo.
- Gifts and Hospitality: Reported a diverse array of gifts including a handmade handbag from Matatiele Primary School, Kremlin vodka from Russia, and various other items from international partners, indicating continued diplomatic engagements.
2020 Declarations
- Shares and Financial Interests: Declared shares in Old Mutual and Sanlam, reinforcing her investments in these entities.
- Directorships and Partnerships: Maintained directorships in Edgebay and Dyambo.
- Gifts and Hospitality: Included items from Cuba, hinting at ongoing international relations.
2021 Declarations
- Shares and Financial Interests: Reported owning 300 shares each in Old Mutual and Sanlam.
- Directorships and Partnerships: Listed involvement with Edge-Bay and Dyambo, pointing to her continued engagement in the business sector.
- Land and Property: Detailed ownership of multiple properties, including a 5-bedroom house in Bruma, Johannesburg, valued at R26 million, showcasing significant real estate holdings.
2022 Declarations
- Shares and Financial Interests: Again, declared holding 300 ordinary shares each in Sanlam and an unnamed company, maintaining her investment profile.
- Directorships and Partnerships: Indicated a step back from Dyambo and continued involvement with Edge-Bay, suggesting shifts in her business interests.
- Land and Property: Reported ownership of residential properties in several locations, with detailed estimations of their extents.
2023 Declarations
- Shares and Financial Interests: Continued to declare shares in Sanlam and Old Mutual, consistent with her previous declarations.
- Directorships and Partnerships: No new directorship or partnership interests were disclosed for 2023, possibly indicating a consolidation of her business interests.
While Mapisa-Nqakula’s failure to declare the alleged kickbacks does not directly imply guilt on her part, as this will form part of a greater legal challenge that will unravel in court, it does raise questions about the nature of Ndhlovu’s transactions.