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Former Nelson Mandela Bay ANC secretary Luyolo Nqakula has put the state on notice, giving the National Prosecuting Authority and the minister of police 20 days to signal whether they will oppose his R29m lawsuit.
In his papers, Nqakula claims that the botched prosecution derailed his political ambitions, damaged his reputation and cost him millions in lost income.
His legal team alleges that he was unlawfully arrested, unlawfully detained, and maliciously prosecuted in connection with a criminal case that was ultimately withdrawn.
In his letter dated February 16, he wrote that on September 29 2022, Nqakula was arrested without reason and later detained at the Humewood police station, where he was released on bail the next day.
He said Nqakula was further charged with “flimsy, non-existent fraud and corruption charges”.
On Tuesday, Makangela stated that if the defendants wished to dispute the claims, they must do so within 20 days of receiving the summons, which was filed on June 23.
“Thereafter and within 15 days after filing and serving notice of intention to defend as aforesaid, file with the registrar and serve upon the plaintiff a plea, exception, notice to strike out, with or without a counterclaim.
“Inform the defendants further that if the defendants fail to file and serve notice as aforesaid, judgment as claimed may be given against the defendants without further notice to them,” Makangela wrote.
In court papers, Nqakula claims he was arrested at the Humewood police station in September 2022 without a warrant and on evidence from former ANC Youth League deputy chair and current NEC member Andile Lungisa, which he alleges was unreliable and lacked credibility.
He further claims he was handcuffed in public view, detained for 24 hours in inhumane conditions, and suffered humiliation, emotional trauma, anxiety and damage to his reputation.
Nqakula was charged alongside suspended city manager Noxolo Nqwazi, former housing director Mvuleni Mapu, HT Pelatona Projects owner Morne van der Linde, businesspeople Xolani and Nwabisa Masela, Nompumezo Ngotsha and her company Thuthiko Logistics, and former DA councillors Mbulelo Manyathi, Trevor Louw and Neville Higgins.
The charges stem from the alleged fraud and procurement irregularities in a R24m Covid-19 emergency toilet project.
Makangela wrote that his client suffered R29m in damages.
This is broken up as follows:
- R2m: for alleged unlawful arrest and detention and general damages such as pain and suffering, emotional discomfort, depression, anxiety, trauma, nervous shock and emotional shock;
- R10m: for malicious prosecution. Nqakula claims prosecutors maliciously pursued a weak case against him for about two years, causing severe emotional distress and reputational harm;
- R11m: Nqakula also argues that the prosecution triggered the ANC’s step-aside rule, preventing him from contesting leadership positions and standing for election, resulting in alleged lost income and earning capacity of R11m;
- R6m: Additionally, he is claiming R6m for legal costs incurred in defending the criminal case.
In total, Nqakula is asking the court to order the state to pay R29m, plus interest and legal costs, alleging that both the police and prosecutors acted unlawfully and are vicariously liable for the conduct of their officials.
“At the time the plaintiff was subjected to the malicious prosecution of the National Prosecuting Authority, he was serving the ANC as the regional secretary of the Nelson Mandela Bay region.
“In this position, he was earning a salary and was eligible to be re-elected again.
“As a result of the unfounded, concocted criminal charges against him and the NPA’s malicious conduct, he had to step aside from his official role.
“This meant that in 2024, before the national and provincial elections, he was not eligible to stand for election as he was on the ‘step-aside’ policy.
“He was also not eligible to be elected again in the ANC Nelson Mandela Bay regional congress in December 2025,” Makangela wrote.
He said his client was opposed to the matter being referred for arbitration and did not wish to have this matter resolved by way of an alternative dispute resolution.
“The plaintiff and his legal representatives have addressed correspondence trying to resolve the matter amicably, but all in vain, and this is indicative of the defendants with no interest in resolving the dispute amicably,” Makangela wrote.
NPA regional spokesperson Luxolo Tyali said: “We have not yet been served with the above non-dated document. So we are not commenting for now.”
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