Former defence minister and Speaker Nosiviwe Mapisa-Nqakula is back in court today for an application by her lawyers to try to force the disclosure of parts of the prosecution docket the State says are confidential.
Mapisa-Nqakula, who is charged with corruption and money laundering, has loudly protested her innocence, although she has yet to plead formally.
Now, amaBhungane has obtained access to the accomplice affidavit implicating the ex-minister (first reported by the Sunday Times) and, while it is untested in court and should be treated with caution, it provides a portrait of entitlement, bullying and corruption that appears entirely routine and matter-of-fact.
The affidavit was provided by defence tenderpreneur Nombasa Ntsondwa-Ndhlovu in terms of Section 204 of the Criminal Procedure Act.
She claims that the minister started demanding bribes after Ntsondwa-Ndhlovu approached Mapisa-Nqakula for help when one of her multi-million rands tenders for logistics services to the Department of Defence hit a snag.
For the full story of her rise and fall, please read our gripping backgrounder.
The Act allows for a so-called “S204 witness” to be indemnified by a court for relevant specified offences, provided that the court is satisfied that their testimony is “frank and honest”.
Establishing the terms under which the S204 statement was made – as well as the background to the striking off of separate fraud and corruption charges against Ntsondwa-Ndhlovu – is part the information Mapisa-Nqakula’s lawyers are seeking to force into the open.
Ntsondwa-Ndhlovu’s affidavit is so devastating that the defence will of necessity need to attack its legitimacy and Ntsondwa-Ndhlovu’s credibility. In this, as we detail in this analysis, they have seemingly been aided by infighting and mistrust within the National Prosecuting Authority.
Meanwhile the affidavit – bolstered by copies of dozens of Whatsapp messages sent between Ntsondwa-Ndhlovu and Mapisa-Nqakula – provides a deeply unflattering picture of the minister as boorish, grasping, manipulative and superstitious.
Ntsondwa-Ndhlovu sets out how when one of her tenders hit a roadblock, she sought out the minister, who heard her out but, she claims, never got back to her.
Only later, once the problem was resolved and the money started flowing to her company, Umkhombe Marine, did the minister allegedly begin tapping her for cash payments, often using coded language for the money demands by referring instead to requests for “impepho, imithi, unethongo, masithethe, a wig, and snuff”.
As Ntsondwa-Ndhlovu tells it, she was forced into an extortion and bribery scheme run by some of the military and defence ministry’s most powerful officials, led by Mapisa-Nqakula but introduced by the late Secretary of Defence, Sam Gulube.
Ntsondwa-Ndhlovu’s affidavit, which she deposed on 11 September 2023, blows the lid off the inner workings of the scheme.
It portrays her as an apparently unwilling victim who was left with no other choice but to accede to the demands if she was to secure work with the SANDF.
The affidavit shows that not only would Mapisa-Nqakula allegedly smooth contract payments for Umkhombe but also that, for a large sum, she allegedly offered to ensure that Ntsondwa-Ndhlovu’s husband Maj-Gen Noel Ndhlovu, who is the SANDF’s deputy surgeon general, would be promoted.
When Ntsondwa-Ndhlovu allegedly tried to push back against the frequency and rising amounts of the requests Mapisa-Nqakula was making, the then minister allegedly threatened financial harm to her business.
The affidavit, along with a supplementary affidavit Ntsondwa-Ndhlovu deposed on 13 February 2024, alleges that Mapisa-Nqakula solicit R4.55-million, but Ntsondwa-Ndhlovu only actually paid over R2.15-million in cash.
Importantly, while Ntsondwa-Ndhlovu claims to have tried to resisted the bribes, nowhere in her affidavits does she say why she did not approach the authorities prior to her own arrest for fraud and corruption or why her husband never alerted authorities once she informed him of the extortion.
The September affidavit highlights how the alleged bribery scheme worked, while the February affidavit purports to show where Ntsondwa-Ndhlovu sourced the money to pay Mapisa-Nqakula.
The affidavits portray Mapisa-Nqakula as a person driven by greed who, as the value of tenders awarded to Umkhombe grew, demanded increasingly large kickbacks.
Mapisa-Nqakula allegedly used the bribes for, among other things, to fund her family’s travel expenses, hire a night nurse for her dying father and make alterations to her Johannesburg home; she allegedly told Ntsondwa-Ndhlovu that Umkhombe was not the only company making payments.
In her September affidavit, Ntsondwa-Ndhlovu sets out how her problems began in 2016, after Umkhombe’s R104-million bid was accepted to transport equipment to SA troops deployed on a peacekeeping mission in the Sudan and return redundant equipment.
When the tender was cancelled just four days later she claims, “I was terribly frustrated by such developments … I had already made substantial commitments … to move the SANDF cargo as per the tender obligations.”
Through her contacts, Ntsondwa-Ndhlovu was able to arrange for the minister to take her call and asked for help in resolving the situation. According to the affidavit, despite initially promising to get back to her, Mapisa-Nqakula never did.
Things changed, however, when Gulube contacted her in November 2016 after Umkhombe was awarded a R79-million logistics tender to replace the cancelled Sudan tender.
“I had known Gulube long before he contacted me. I knew him through his wife Lillian Gulube. My husband and I used to visit the Gulube’s home and visa-versa.”
Ntsondwa-Ndhlovu said Gulube had asked her to visit him at his house “as he needed to talk to me”.
“He informed me that he had been sent by the Minister to request a sum of R300,000 from me. I was shocked.
“I asked Gulube what was the purpose of the requested R300,000 …. His answer was … the Minister was due to travel to her home in East London, she needed to cater for her family’s traveling arrangements.”
Days later, she allegedly delivered the money to Gulube, who promised to hand it to Mapisa-Nqakula.
Her affidavit alleges that while she thought “it was a once-off incident”, Mapisa-Nqakula had other ideas.
In mid-December 2016, Gulube again contacted Ntsondwa-Ndhlovu, telling her to meet him at his Pretoria home where he advised her that Mapisa-Nqakula now wanted R400,000.
“I was shocked by the second request for money. I was not sure if Gulube was using the Minister’s name for his benefit.”
Can it be
Ntsondwa-Ndhlovu writes that in December 2016 she decided to call on her military connections.
She allegedly contacted Lt-Gen Derrick Mgwebi, who she knew through the military work Umkhombe had done.
“I confided in him about the two requests … I asked him to connect me with the minister.”
This, she says, was to check whether Gulube was playing her.
A week later, Mgwebi called Ntsondwa-Ndhlovu and told her to “expect a phone call from the Minister’s office” confirming a meeting place.
Ntsondwa-Ndhlovu would soon discover from that meeting, which took place at the Intercontinental Hotel at OR Tambo International Airport, just how demanding the minister, a fellow sangoma, could be.
“She asked me about general things such as how my children were and where I did my initiation to become a sangoma.
“Immediately after that, she stated that she knew why I was there She said, ‘ You want to know if I am the one who asked for the R 300 000, 00. Yes it’s me, and thank you ‘
“The minister stated from that point onwards she wanted us to deal with each other directly, in case she needed anything.”
Between December 2016 and July 2017 the two had no contact. Then Mapisa-Nqakula apparently called her out of the blue asking for R200 000.
Together with her brother, Sabelo Ntsondwa, Ntsondwa-Ndhlovu said she withdrew the R200 000 from an FNB branch in Fourways, Johannesburg.
Umkhombe’s bank records confirm the withdrawal.
En route to Mapisa-Nqakula the siblings stopped at an East Rand township to buy traditional food. It was while waiting for the food that they were attacked, with thieves stealing her handbag.
“They were not able to take the cash because I had hidden it in the car.”
After being delayed by reporting the robbery to police, she eventually arrived at Mapisa-Nqakula’s house where the then minister appeared unconcerned by her crime experience.
More, more, more
This payment seems to have sparked Mapisa-Nqakula’s increasing demands for more money, with the minister ramping up her alleged extortion of Ntsondwa-Ndhlovu.
Mapisa-Nqakula’s charge sheet and Ntsondwa-Ndhlovu’s September affidavit show that between November 2017 and July 2019, nearly R2-million was allegedly extorted from the businesswoman.
In November 2017, Mapisa-Nqakula demanded R150 000, which she told Ntsondwa-Ndhlovu she needed in order to pay for a night nurse for her dying father.
“She explained that her husband was the one attending to her sick father at night and then needed another nurse to attend to him at night.
“I took the cash from my safe … and drove to the minister’s house to delivery it … I was permitted to enter the premises by the police officer who was at the main entrance. I was not made to sign any register.”
After having discussions about her preparations for her dying father’s funeral, “the Minister asked about the parcel of money that she had requested, I gave her the cash … she walked me to the door and I left …”
It was then that Ntsondwa-Ndhlovu informed her husband about Mapisa-Nqakula’s “continuous requests”.
“He was not pleased at all. I tried to assure him that I would find a way to get out of the situation. I also expressed my fear since the Minister was his political superior …”
Nine months later, in August 2018, as Umkhombe was submitting its R105m bid for another SANDF logistics tender – the company’s biggest military contract – Mapisa-Nqakula allegedly demanded R250 000.
“As a result of the work which Umkhombe was doing abroad, cash had to be on hand for obvious reasons … I took some of this cash and delivered it to her on 17 August 2018 at Zwartkops [Air Force base] where there was an event of the [SANDF] Spouses Forum. I was the programme director of the event. The cash was contained in a gift bag. I gave the cash to her while she was in the holding room … The very next day … the Minister sent me a Whatsapp message … and she thanked me …”
This alleged bribe was followed by another three demands in September 2018 totalling R2.3-million.
Of these demands, R2-million was to ensure that her husband would be promoted and become the next SANDF surgeon general.
“On 14 September, the minister sent me the following Whatsapp message … (I have an ancestral message I want to discuss with you). Upon receiving this, I knew that she wanted more cash because of earlier telephonic requests from the Minister …”
Ntsondwa-Ndhlovu delivered R150 000 to the minister at her home.
“The Minister discussed a number of things with me about her Department and she started to talk about the appointment of the Surgeon General … she mentioned … that my husband was a clear candidate to be the next Surgeon general because he was already deputy … she also mentioned that, if I gave her a sum of R2-million, she would make sure my husband got appointed to the position … she also spoke about her husband’s plans to extend their home …”
Ntsondwa-Ndhlovu claimed she told Mapisa-Nqakula that her husband was “suitably qualified to get that position by virtue of being the serving deputy Surgeon General already.
“I did not intend to pay the R2-million as per her request … shortly before I left, the Minister asked’’iphi into yam’nd I then handed her the R150,000.”
On 15 September 2018, Mapisa-Nqakula again whatsapped Ntsondwa-Ndhlovu asking her where she was and told her she was urgently needed and should “bring the same size of ‘impepho’ as yesterday.
“By the use of the word ‘impepho’ I understood her to be referring to the cash equivalent to the one I brought the previous night.”
“After the phone call, I took the cash that I had set aside to pay for the building that was taking place at my farm with me to meet her.”
Ntsondwa-Ndhlovu states that she gave Mapisa-Nqakula the money at her home.
“She informed me that she was due to leave for New York and needed US dollars which she intended to use to shop for her newly renovated house. She stated that she could not convert the cash that I had just given her … she said she needed me to organise dollars for her.”
When Ntsondwa-Ndhlovu told her she couldn’t do this, Mapisa-Nqakula allegedly told her she was “certain that I could figure something out since my business involved a lot of traveling.”
“In my mind, I was thinking that she would allow me to go with the R150,000 … to try convert it to dollars, instead she retained it and expected me to go raise dollars for her in addition to that.”
Through a money exchange in Bruma China Mall, Ntsondwa-Ndhlovu “managed to get the US dollars equivalent to R150,000,” which she gave to Mapisa-Nqakula the next day in a Ted Baker bag at a military event at Air Force Base Waterkloof in Pretoria.
In October, when the sitting surgeon general’s contract was unexpectedly extended by a year, she contacted Mapisa-Nqakula. She claims the minister was taken by surprise and responded by saying that “the shit will hit the fan” and “there would be consequences.”
Ntsondwa-Ndhlovu told her they were “relying on her since my husband had an expectation to become the next surgeon general. I was of the view that husband was the best candidate for the post.”
The Big One
On 5 November 2018, Ntsondwa-Ndhlovu was contacted by the SANDF and told that Umkhombe’s R105-million bid to transport equipment to the Democratic Republic of Congo where SANDF troops were deployed on a UN peacekeeping mission had been accepted.
Two days later, Mapisa-Nqakula allegedly Whatsapped Ntsondwa-Ndhlovu asking for a “wig” to be organised for her.
“I responded … it would take seven days to deliver. I deliberately stretched the delivery for the money … because I had no money. We had just got the appointment letter and we had not done any work so we could not invoice by then.”
Dodging continuous calls from the minister, Ntsondwa-Ndhlovu remembered the earlier threats about “how she dealt with people who ignored her requests for money.
“I had also noticed how other suppliers were dealt with, having funds cleared from their financial authority [SANDF contract account] so that no invoices could be paid.”
Messaging Mapisa-Nqakula, she claims she told her that she was out of the country in the DRC.
“There were delays in the payment of my invoice … I could not deliver the wig that the Minister wanted. She was calling me repeatedly and I ignored her calls.”
Ntsondwa-Ndhlovu said that on 9 December 2018, Mapisa-Nqakula Whatsapped her asking how she was doing and sent her proof of payment from the SANDF.
“I made a mistake by sending the proof … in our chat … I knew the Minister was going to be angered by that.”
Ntsondwa-Ndhlovu said that she then again told her husband what had been happening, and that she had “been avoiding the Minister for too long” and had run out of excuses.
On 15 December Mapisa-Nqakula again demanded money, this time for her family to travel to the Eastern Cape.
It was in January 2019 that Ntsondwa-Ndhlovu asked where they could meet “in order to give her the wig”.
“The reason for doing this was because I had received information that my FA [financial authority] had been cleared. I knew [from the delay] I was being punished for my refusal to give her money a couple of weeks before.”
With Ntsondwa-Ndhlovu again out of the country for work, the payment date was missed.
The affidavit shows that it would only be February when Ntsondwa-Ndhlovu and Mapisa-Nqakula could meet.
Using her husband’s official driver, she drove to OR Tambo International Airport where she met Mapisa-Nqakula in the SANDF VIP area and gave her R300 000.
At the time, Mapisa-Nqakula was travelling on official business to Addis Ababa.
“ …she expressed her concerns about my delay in bringing her the cash, to which I apologised to her.
“She warned me again that she would not tolerate my conduct of ignoring her phone calls. She threatened that if necessary she would instruct … the deputy chief financial officer at the DOD … to move funds from the financial authority until I gave her the necessary attention. I could not afford this this to happen and assured her again, that I would not ignore her phone calls.”
In April 2019, after Mapisa-Nqakula returned from Equatorial Guinea, she allegedly demanded yet another kickback, with Ntsondwa-Ndhlovu handing over R400 000.
“I drove to her house in Bruma after picking up my sister … I was carrying the R400,000 cash with me.”
It was during this meeting that Mapisa-Nqakula allegedly told Ntsondwa-Ndhlovu about the renovations to her home, saying that she could not afford to make the payments to the painters as they “were costing much more than expected …” and she was only left with R6 000 in her bank account.
Deciding to confront Mapisa-Nqakula, “who I noticed was in a relaxed mood that day” Ntsondwa-Ndhlovu asked how much in total she wanted from her “because I never budgeted for all the monies that she had been demanding.”
“I tried to persuade her to give me a ballpark figure … so I could budget properly but she did not tell me … I handed the Minister the cash [R400,000].”
She said that as she was about to leave, Mapisa-Nqakula asked her to “go and throw my bones as a sangoma to check if she would retain her position since there was an imminent cabinet reshuffle.
“A couple of days later I threw my bones … and determined that she was going to retain her position.”
On 3 July 2019 Mapisa-Nqakula again allegedly asked for money and Ntsondwa-Ndhlovu delivered R100 000 to her home two days later.
It was during this meeting that Mapisa-Nqakula allegedly told her about the rivalry and jealousy among senior officers over her husband’s upcoming promotion,how they were “fighting tooth and nail” for it and that she was pushing to have him promoted.
“The Minister then asked for the money and I gave her R100,000 cash … this was the last cash that I handed to the Minister.”
The day before, Ntsondwa-Ndhlovu had been contacted by a Sunday Times journalist asking about the tenders that were allegedly awarded to Umkhombe irregularly.
It was the beginning of the end – for her and for the minister.
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