Pretoria High Court rules against Nosiviwe Mapisa-Nqakula in application for police docket disclosure

The Pretoria High Court has ruled that the State is not violating former Defence Minister Nosiviwe Mapisa-Nqakula’s right to a fair trial by refusing to disclose the investigation diary in her ongoing corruption case.

On Friday, Judge Mokhine Mosopa delivered judgment in an application brought forward by Mapisa-Nqakula, in which she sought to compel the State to hand over Section C of the police docket—commonly referred to as the investigation diary. The court, however, dismissed the application, stating that the information sought was not essential to her defense and that her request was based on speculation.

Mapisa-Nqakula’s Legal Challenge

The former Speaker of the National Assembly and ex-Minister of Defence and Military Veterans, Nosiviwe Mapisa-Nqakula, is currently facing 12 counts of corruption and one count of money laundering. The charges stem from allegations that she solicited and received bribes from a defense contractor during her tenure as defence minister.

Nosiviwe Mapisa-Nqakula

According to the National Prosecuting Authority (NPA), the bribes are believed to total millions of rands, exchanged over several years in return for favorable defence procurement decisions.

Mapisa-Nqakula, who has consistently denied all allegations, approached the court with the argument that the Section C documents—which contain investigators’ notes, decisions, and strategies—might contain information that could exonerate her or cast doubt on the prosecution’s case.

Court: Speculation Not Grounds for Disclosure

In his ruling, Judge Mosopa found that the argument presented by Mapisa-Nqakula’s legal team lacked a legal foundation and rested on a hypothetical benefit.

“That is not the jurisdictional basis for an application of this nature,” said Judge Mosopa. “The State needs [to] only disclose evidence that is material and relevant, and the applicant is not entitled to information that is purely speculative and conjectural.”

He further emphasized that the B and C sections of a police docket, by legal precedent and standard practice, are protected from disclosure unless it can be shown that they contain exculpatory evidence or are directly relevant to the charges.

“The B and C sections of the docket have no relevance to the applicant’s fair trial rights,” Mosopa added. “They do not constitute exculpatory information in favour of the application.”

Legal Context and Precedent

Under South African law, only Section A of a police docket—containing witness statements, charge sheets, and evidence summaries—must be disclosed to the defense. Section B (internal correspondence) and Section C (investigation diary) are typically reserved for internal use by law enforcement and prosecution teams and are not released unless their disclosure is shown to be crucial to a fair trial.

The court’s decision is consistent with previous rulings that protect certain aspects of state strategy and deliberation, arguing that releasing such sensitive material could compromise ongoing investigations or infringe on law enforcement tactics.

Next Steps in the Case

Following the dismissal of the application, the case has been postponed until 9 May, when pre-trial processes will continue. The defense is expected to prepare for possible plea negotiations or to contest the charges in a full trial.

The case continues to attract significant public and political interest, given Mapisa-Nqakula’s high-profile role in government over the past two decades and the broader context of ongoing anti-corruption efforts in South Africa.

While the former minister maintains her innocence, the State has insisted that it has sufficient evidence to proceed to trial and secure a conviction. The upcoming pre-trial session in May will likely provide further clarity on the trajectory of the proceedings.