Speaker Mapisa-Nqakula’s court bid to block her arrest has been struck off the roll.
In a recent turn of events, Speaker of the National Assembly, Thandi Modise, has successfully had her court bid to block her arrest struck off the roll. This decision comes after Mapisa-Nqakula was found to have violated the constitution by allowing an African National Congress (ANC) delegation to travel to Zimbabwe on a South African Air Force (SAAF) jet.
The Speaker had filed an urgent application to the Western Cape High Court, seeking to prevent her arrest and prosecution for contempt of court. This was in response to a ruling by the Constitutional Court, which had given her three days to explain why she should not be held in contempt for failing to comply with its order to provide a detailed report on the controversial trip to Zimbabwe.
However, the court has now dismissed her application, stating that it lacked urgency and that the Speaker had failed to provide sufficient reasons for the matter to be heard on an urgent basis. This decision has been welcomed by many, as it upholds the rule of law and holds public officials accountable for their actions.
The trip to Zimbabwe, which took place in September 2020, sparked widespread criticism and controversy. The ANC delegation, led by Secretary-General Ace Magashule, had traveled to Zimbabwe to meet with their counterparts in the ruling ZANU-PF party. This was seen as a violation of South Africa’s lockdown regulations, as well as a misuse of state resources.
The Speaker’s involvement in the trip came under scrutiny when it was revealed that she had authorized the use of a SAAF jet for the delegation’s travel. This was in direct violation of the Ministerial Handbook, which states that the use of state resources for party political purposes is strictly prohibited.
The Constitutional Court had ordered Mapisa-Nqakula to provide a detailed report on the trip, including the reasons for authorizing the use of the SAAF jet and the costs incurred. However, the Speaker failed to comply with this order, leading to the contempt of court proceedings against her.
The court’s decision to strike off her application is a victory for the South African justice system and sends a strong message that no one is above the law. It also serves as a reminder to public officials that they are accountable for their actions and must act in the best interest of the country and its citizens.
The Speaker’s attempt to block her arrest was seen by many as an attempt to evade accountability and avoid facing the consequences of her actions. However, the court’s decision has shown that the law will not be manipulated or used to protect those in positions of power.
This ruling also highlights the importance of the separation of powers in a democratic society. The judiciary’s independence and ability to hold public officials accountable is crucial in upholding the principles of democracy and ensuring that those in power are held accountable for their actions.
In light of this decision, it is now up to the National Prosecuting Authority (NPA) to decide whether to pursue criminal charges against the Speaker. This decision should be made without fear or favor, and in the best interest of justice.
In conclusion, the court’s decision to strike off Speaker Mapisa-Nqakula’s application is a victory for the rule of law and a reminder that no one is above the law. It also serves as a warning to public officials that they will be held accountable for their actions and must act in accordance with the law. Let this be a lesson to all those in positions of power that the law will not be manipulated or used to protect them from facing the consequences of their actions.
