The National Prosecuting Authority (NPA) and its Investigating Directorate (ID) will appeal the recent judgment in the Nulane Investments R24.9m fraud and money-laundering case.
The judgment was handed down on April 21 in the Free State High Court in Bloemfontein, where the accused were discharged in terms of the Criminal Procedure Act.
Five of the accused successfully applied for discharges while another was acquitted as acting judge Nompumelo Gusha ruled the state had failed to pass the tests for putting forward a prima facie case.
The NPA said on Thursday after studying the judgment the ID has decided to lodge an appeal.
Former Free State agriculture head Limakatso Moorosi, who did not apply for a discharge, was acquitted by Gusha while her co-accused were discharged. They are:
- Gupta associate Iqbal Sharma;
- Peter Thabethe, former head of the Free State department of rural development;
- Seipati Dhlamini, former provincial agriculture CFO;
- Dinesh Patel, Sharma’s brother-in-law and a representative of Nulane;
- Islandsite director Ronica Ragavan; and
- Nulane Investment and Islandsite as entities.
Most of the documentary evidence submitted by the state was rejected by Gusha, who slammed the state for failing to obtain originals and presenting copies as evidence.
“While this judgment is a setback, the ID remains focused and committed to ensuring justice prevails for state capture and other serious corruption within its mandate, and that those most responsible are held to account and deprived of their ill-gotten gains. This is a fight for the future of our country, which we will not give up on, but it won't be a quick or easy win,” said ID head advocate Andrea Johnson.
The Nulane case was one of 34 the ID has enrolled, involving 203 accused people and 65 entities from 2019 to March 2023.
The NPA said it also remained concerned about the UAE court's decision to deny extradition of the Gupta brothers.
According to minister of justice and correctional services Ronald Lamola, South Africa's extradition request for the Gupta brothers was dismissed on a technicality.
The justice department had stated that it intended to appeal the decision.
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