Mapisa-Nqakula: R79m Defence Tender Cross-Examination Underway

• Former defence minister Nosiviwe Mapisa-Nqakula was cross-examined in the Gauteng High Court regarding a R79 million defence tender.
• She faces 12 counts of corruption and one of money laundering, pleading not guilty to all charges.
• The State alleges Mapisa-Nqakula received R4.5 million in bribes from Nombasa Ntsondwa-Ndhlovu, director of Umkhombe Marine, between 2016 and 2019.
• The R79 million tender was a replacement for an earlier R104 million contract that was cancelled shortly after being awarded.
• Ntsondwa-Ndhlovu testified she neither bid nor applied for the R79 million replacement tender.

The State's case alleges that Mapisa-Nqakula, while serving as defence minister, solicited and received approximately R4.5 million in bribes from Ntsondwa-Ndhlovu.

Former defence minister Nosiviwe Mapisa-Nqakula recently underwent rigorous cross-examination in the Gauteng High Court in Pretoria, facing questions regarding the timeline of a R79 million defence contract. This intense session is part of the ongoing Nosiviwe Mapisa-Nqakula corruption trial, where she has pleaded not guilty to a total of 12 counts of corruption and one count of money laundering. The proceedings on Thursday, September 17, specifically delved into her relationship with Nombasa Ntsondwa-Ndhlovu, the sole director of Umkhombe Marine, the company at the center of the tender dispute.

The State's case alleges that Mapisa-Nqakula, while serving as defence minister, solicited and received approximately R4.5 million in bribes from Ntsondwa-Ndhlovu. These alleged payments are said to have occurred between December 2016 and July 2019. The cross-examination aimed to clarify the circumstances surrounding the R79 million tender, which Ntsondwa-Ndhlovu claims was awarded after she had already paid millions in bribes to the former minister, highlighting the core of the Gauteng High Court tender fraud allegations.

Mapisa-Nqakula has consistently denied any influence over the awarding of the R79 million defence tender to Umkhombe Marine. Her defence maintains that she played no role in the procurement process that led to the contract, despite the State's assertions of illicit financial transactions during her tenure as defence minister, a position she held before becoming the Speaker of the National Assembly.

A significant portion of the cross-examination focused on the intricate details of the tender process, particularly the sequence of events following the cancellation of an initial R104 million defence logistics contract awarded to Umkhombe Marine in 2016. This original contract was rescinded just days after preliminary work had commenced, leading to questions about the subsequent R79 million replacement deal. Prosecutor Advocate Emile van der Merwe, representing the Investigating Directorate Against Corruption (Idac), pressed Mapisa-Nqakula on how this replacement contract came to be awarded.

Central to the State's argument is the testimony of Nombasa Ntsondwa-Ndhlovu, who stated under oath that she was offered the R79 million “replacement” tender without having submitted a bid or formal application for it. This unusual procurement method forms a critical component of the allegations, suggesting irregularities in the South Africa defence procurement bribery case. The Mapisa-Nqakula R79m defence tender cross-examination sought to establish a clear timeline and the former minister's involvement, or lack thereof, in these pivotal decisions.

The court heard how the cancellation of the larger contract and the subsequent award of a smaller, unsolicited one to the same company raised red flags for the prosecution. The focus remained on whether Mapisa-Nqakula's actions, either directly or indirectly, facilitated the awarding of the R79 million contract to Umkhombe Marine, especially in light of the alleged R4.5 million in payments she received from Ntsondwa-Ndhlovu.

The high-profile nature of this trial, involving a former cabinet minister and former Speaker of the National Assembly, underscores the intensified scrutiny on public procurement processes in South Africa. The allegations of bribery and money laundering against Nosiviwe Mapisa-Nqakula highlight the ongoing efforts by bodies like the Investigating Directorate Against Corruption to combat corruption within government ranks. The outcome of this case could set a significant precedent for accountability in public office and government tender awards.

This trial serves as a stark reminder of the legal and reputational risks associated with irregularities in government contracts. The detailed examination of the R79 million defence tender and the alleged financial transactions between the former minister and the businesswoman involved in defence procurement reflects a broader commitment to transparency and integrity. The proceedings continue to draw national attention, emphasizing the critical importance of ethical conduct in public service and the rigorous enforcement against those accused of abusing their positions for personal gain.

This ongoing high-profile corruption trial underscores the intensified scrutiny and enforcement against public procurement irregularities in South Africa. Lawyers and compliance officers should review their anti-bribery policies and due diligence processes, especially for clients involved in government tenders, to mitigate exposure to similar allegations.

Source: Original reporting via AllAfrica