Nosiviwe Mapisa-Nqakula, on special leave as Speaker of the National Assembly, has lost her court bid to interdict any possible arrest on corruption charges.
“There is not a single fact set out as to why the future arrest will be unlawful. Seemingly because there’s a weak case made out. Yet the applicant does not know what case has been set out and this is pure speculation. I can make no finding on such speculation that there will be an unlawful arrest or that there is a weak case. These facts cannot underpin urgency,” Judge Potterill said.
“The respondents argued that it would not be competent for this Court to interdict an arrest — I’m in full agreement with this submission… Every suspect will be in a position to approach a court on an urgent basis, setting out on speculation that there is a weak case against it, and interdict an arrest. Any suspect would merely have to set out in a founding affidavit that an arrest in future will be unlawful.
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