CORRUPTION TRIAL : Ex-defence minister Mapisa-Nqakula grilled over tenders, millions and a wig

Former defence minister Nosiviwe Mapisa-Nqakula has denied influencing the awarding of a R79-million defence tender to businesswoman Nombasa Ntsondwa-Ndhlovu after her company’s original R104-million contract was cancelled.

Mapisa-Nqakula, who has pleaded not guilty to 12 counts of corruption and one of money laundering, was cross-examined in the Gauteng High Court in Pretoria on Thursday, 17 September, about her relationship with Ntsondwa-Ndhlovu, the sole director of the company Umkhombe Marine. 

The State alleges that Mapisa-Nqakula solicited and received about R4.5-million from Ntsondwa-Ndhlovu between December 2016 and July 2019 while serving as defence minister. She later became the Speaker of the National Assembly.

Much of Thursday’s cross-examination focused on the tender, with Investigating Directorate Against Corruption (Idac) prosecutor advocate Emile van der Merwe questioning Mapisa-Nqakula about what happened after Ntsondwa-Ndhlovu’s original contract was cancelled and how she was given a replacement deal.

In 2016, Umkhombe Marine was awarded a R104-million defence logistics contract. The contract was cancelled days later, after preliminary work had already begun. Ntsondwa-Ndhlovu testified that she was subsequently offered a R79-million “replacement” tender, which she had neither bid nor applied for. 

Van der Merwe put the sequence to Mapisa-Nqakula: Ntsondwa-Ndhlovu’s tender was cancelled, she contacted the minister, Mapisa-Nqakula raised the matter with senior defence officials, and the businesswoman received the replacement contract.

“Can you explain why that happened?” asked Van der Merwe.

Mapisa-Nqakula said she met with senior officials after Ntsondwa-Ndhlovu phoned her and complained about the “abuse” she had received from the SA National Defence Force (SANDF). She instructed the officials to contact Ntsondwa-Ndhlovu and investigate the alleged abuse, but denied that she had influenced the awarding of the replacement tender, saying she did not sit on procurement committees.

‘The only exception was Nombasa’

The prosecutor then asked Mapisa-Nqakula how often she had met contractors privately while serving as defence minister. Mapisa-Nqakula said she generally interacted with contractors at official events, such as when she was invited to address them or launch a programme.

“The only exception was Nombasa of Umkhombe Marine?” asked Van der Merwe.

Mapisa-Nqakula confirmed that Ntsondwa-Ndhlovu was the only contractor with whom she had private meetings. This was because, “I did not relate with Nombasa as a contractor.”

She explained that she had related to Ntsondwa-Ndhlovu on a personal level as they were both traditional healers. 

Van der Merwe said there had indeed been a relationship between the two – “a relationship concerning R4.5-million”.

The R300,000 beneath the wig

Mapisa-Nqakula was also questioned about the allegation that Ntsondwa-Ndhlovu concealed R300,000 beneath a wig and handed it to her at Johannesburg’s OR Tambo International Airport. Mapisa-Nqakula denied receiving the money and maintained that the wig was simply a gift.

The allegation was raised during questioning about gifts and gratification allegedly received from Ntsondwa-Ndhlovu. The prosecutor put it to Mapisa-Nqakula that the parliamentary code of conduct prohibited MPs from receiving gifts or gratification.

“You confirmed that, you agree to that,” he said.

Mapisa-Nqakula said her understanding was that gifts received while serving as a minister had to be declared if they exceeded the applicable threshold.

She was asked whether she had declared any gift to the President or through the relevant parliamentary declaration process between 2016 and 2019.

“No,” she replied.

She was then asked whether she had declared receiving any gift or gratification from Ntsondwa-Ndhlovu during the same period.

“No, My Lady,” replied Mapisa-Nqakula.

Salary and travel allowances

Mapisa-Nqakula was also questioned about her income while serving as a minister and member of Parliament.

She estimated her monthly salary at about R75,000. Asked whether she had other sources of income, she referred to subsistence and travel allowances, which she received when travelling for official purposes.

She told the court that the allowances were sometimes paid in foreign currency and that she often did not spend all the money, keeping it for personal needs including paying for children’s school fees. 

Home renovations and cash

The State has linked its bribery allegations to renovations carried out at Mapisa-Nqakula’s home in Bruma, Johannesburg. 

The court has heard that the renovations cost about R1.8-million, including, as designer Nomsa Shabangu testified, approximately R600,000 spent on imported curtain fabric. 

Shabangu, who was also responsible for paying the building contractors, told the court all the transactions were in cash.   

During her evidence-in-chief, Mapisa-Nqakula said she and her husband, Charles Nqakula, preferred using cash and only started using EFTs after going on pension. 

She told the court that renovations to the property were undertaken amid security concerns after she received death threats, and that the government paid for some of the work. 

The State alleges that about R2.1-million used for the renovations came from cash payments made by Ntsondwa-Ndhlovu.