The Umkhonto we Sizwe (MK) party has accused the National Prosecuting Authority (NPA) of selective prosecution and weaponising the judicial system.

It also claims President Cyril Ramaphosa is using the NPA to fight his political battles and prevent the party from challenging the African National Congress (ANC) in the general elections on May 29.

The Electoral Court sitting in Bloemfontein is expected to deliver a verdict in the case between the ANC and the Independent Electoral Commission (IEC). The governing party wants the MKP deregistered and prevented from contesting the watershed elections, saying the IEC irregularly registered the party.

The MKP raised these concerns following the raid on National Assembly (NA) Speaker Nosiviwe Mapisa-Nqakula’s home and her impending arrest, which she is fighting in court.

Mapisa-Nqakula has made an urgent application in the High Court of South Africa, Gauteng Division, Pretoria, against National Director of Public Prosecutions (NDPP) Shamila Batohi, Minister of Police Bheki Cele and other respondents.

She seeks various orders, including an interdict, to prevent her arrest under specific sections of the Criminal Procedure Act.

Mapisa-Nqakula has also requested that the respondents provide her legal representatives with the entire state brief related to her case, including police dockets, informant files, investigation diaries, witness statements, and real evidence.

This followed media leaks suggesting the NPA’s Independent Directorate (ID) was about to arrest Mapisa-Nqakula in connection with allegations that she accepted bribes from a service provider during her tenure as the country’s defence minister.

The move to raid Mapisa-Nqakula’s home and obtain a warrant of arrest against her has provoked the MK to question the South African justice system, alleging selective prosecution and manipulation by the Ramaphosa government.

“Our primary concern is over the apparent selective enforcement of the judicial system, and therefore, particularly when compared to other significant cases with broader implications for our country’s governance and moral compass. A classic example of this discrepancy is the Phala Phala farm gate incident, where unexplained monies of over $4 million were allegedly stuffed into sofas and mattresses, therefore leading to the conclusive violation by the President’s of the 2004 Prevention and Combating of Corrupt Activities Act (PRECCA).

“Section 34(1) of PRECCA imposes a reporting obligation, in terms of which ‘persons in a position of authority,’ as defined in Section 34(3) of the Act, are required to report any of the corruption offences such as theft, fraud, extortion, or bribery involving an amount of R100,000 or more. Instead of reporting ‘crimes’ at his farm, Ramaphosa opted to use clandestine methods, including kidnapping, assault, and bribery, to retrieve these dollars,” said MK spokesperson Nhlamulo Ndlela.

Ndlela continued, “yet law enforcement agencies chose to turn a blind eye to the crimes committed by their principal.” The Section 89 Independent Panel on Phala Phala, presided over by Retired Chief Justice Sandile Ngcobo, found that Ramaphosa had a prima facie case to answer.

“Despite clear prima facie evidence of violations spanning several criminal and legal domains, such as money laundering, racketeering, tax evasion, customs, currency, and exchange laws, kidnapping of vulnerable members of our society, including women, and other grave offenses, the question begs the following: why would a sitting president have gone to such criminal lengths to retrieve dollars that he acquired legally?

“It is morally and legally untenable and abhorrent that Ramaphosa has not been subjected to the same process as Nosiviwe Mapisa-Nqakula in light of the gravity of the Phala Phala scandal and the multiple and varied breaches of the law contained therein. It is not without validity, therefore, that many South Africans bemoan the apparent reality of the weaponization of law enforcement and judicial processes and their respective agencies,” Ndlela said.

Presidency spokesperson Vincent Magwenya has dismissed the MK’s claims. He said Zuma’s party should look at itself in the mirror and reflect on its posture, including leaders who face serious criminal charges.

“The MKP has been making a lot of outrageous statements, including threatening violence, and now, without any substantial evidence, the party is tarnishing the image of the country’s criminal justice system. Worth noting that some of their leading figures remain with cases to answer before the courts.

The party has not presented any logical ideas that could be assessed or even debated. Therefore, it’s hard to work out what exactly one will be responding to in this regard. They seem incapable of articulating how exactly they are going to advance the country, except to just threaten mayhem,” said Magwenya.

Hawks national spokesperson Thandi Mbambo said she would respond after conferring with her principals.

NPA and Investigating Directorate spokespersons Advocate Mthunzi Mhaga and Sindisiwe Seboka have not responded to media questions sent to them.