Supreme Court backs NPA in Nulane case, paving way for corruption trial
Former Transnet Board member and Gupta family associate Iqbal Sharma.
Image: National Prosecuting Authority / Supplied
The National Prosecuting Authority (NPA) has welcomed a significant ruling from the Supreme Court of Appeal (SCA), which reinstates the potential for a corruption trial in the controversial Nulane case.
This landmark decision follows the discharge of several accused persons by Acting Judge Gusha, who had ruled on 21 April 2023, that there was no case to answer under Section 174 of the Criminal Procedure Act.
However, the SCA has now ordered that the accused may be retried by a different judge, effectively overturning the earlier ruling.
The accused in this case encompass a range of individuals and companies, including Iqbal Sharma and his business Nulane Investment, former head of the Free State Department of Agriculture (FSDoA), Peter Thabethe, and other notable figures such as Limakatso Moorosi, the former FSDoA Chief Financial Officer Seipati Dhlamini, Ronica Ragavan of Islandsite Investment, a company connected to the Gupta family, and Dinesh Patel, Sharma's brother-in-law.
Following a meticulous review of Judge Gusha's decision, the Investigating Directorate Against Corruption (IDAC) expressed confidence that the judge misapplied the legal standards relevant to the case, leading to an undue dismissal of the prosecution.
In the words of IDAC, the SCA's ruling vindicates their stance that the Acting Judge's criticisms of the prosecution team were unwarranted.
With the SCA's judgment, IDAC is poised to reinstate the case within a reasonable timeframe, reaffirming the NPA's commitment to prosecuting individuals accountable for the extensive corruption associated with state capture.
This case is emblematic of the broader efforts by IDAC to combat severe corruption during a tumultuous period in South Africa's governance, where state resources were allegedly manipulated for personal gain.
Beyond the Nulane case, progress at IDAC has been noteworthy. The agency has actively enrolled 50 cases, announced 133 ongoing investigations, and collaborated with the Asset Forfeiture Unit to secure freezing orders totalling R14.3 billion.
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Of this, R8.2 billion has already been directed to the Criminal Asset Recovery Account (CARA), signalling a robust strategy to recover lost state assets.
As it continues to expand its operations since becoming a permanent unit in August 2024, IDAC is capitalising on revamped investigative powers.
Innovations include partnerships that enhance the unit's technical capacity to extract and process data from encrypted digital devices, crucial for substantiating cases and securing convictions against sophisticated criminal enterprises.
While complex corruption cases often require time to resolve, the NPA is steadily advancing in its relentless pursuit of accountability.
The agency's firm commitment to executing its mandate "without fear, favour, or prejudice" reflects a renewed determination to restore public trust in South Africa's justice system amidst a legacy of corruption.
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