JOHANNESBURG - Former National Assembly Speaker Nosiviwe Mapisa-Nqakula is waiting for judgment on her discharge application.
Her defence argued that the state had failed to present enough evidence for the corruption case to continue. They have moved a discharge application in terms of section 174 of the Criminal Procedure Act.
Legal analyst Melusi Xulu said when paraphrased, the section states that if at the end of the state's case there is no evidence upon which a reasonable court can convict the accused, the accused can be acquitted.
“It doesn't mean you know that there's no evidence, it means that evidence that is there at the end of the state's case is insufficient for a conviction.
“A very important case that we usually quote is the case of S v. Lubaba, it's a 2001 case where the court stated that if it happens at the end of the state's case there's no way a state can get a conviction unless the accused person goes to the witness box to testify in his defense and that is how they can get evidence or be able to secure a conviction and at that stage that defense should be given an acquittal.
“So at this moment the question is on the 13 charges that she has been charged with, is there sufficient evidence at this stage to say that she can be convicted? That's the question."