Johannesburg – The National Prosecuting Authority (NPA) and its Investigating Directorate (ID) are appealing against the Nulane R24.9 million fraud judgment in which the accused persons linked to the Guptas were acquitted.
Last month, on 22 April 2023, the State’s case against Nulane Investments and six other accused collapsed spectacularly in the Free State High Court.
Acting Judge Nompumelelo Gusha was scathing about the prosecution’s case and stopped short of calling the NPA incompetent.
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After much public criticism, Sindisiwe Seboka Spokesperson for the ID on Thursday said the entity’s leadership notes “the extensive commentary” on the matter and, “the prosecution team has taken time to carefully interrogate all aspects of the judgment and the Investigating Director has decided to appeal the judgment”.
The ID added: “Notwithstanding serious concerns with the judgment, which will be outlined in the papers and dealt with in the legal process, this case demonstrates the urgency to finalise the process to make the ID a permanent entity, with requisite criminal investigative powers and expanded partnerships, as detailed in the President’s response to the Zondo commission reports”.
Seboka said that the Nulane case is one of 34 cases that have been enrolled by the ID, involving 203 accused persons and 65 entities from 2019 to March 2023.
“The recently enrolled eight seminal cases by the ID are being managed in line with the ID’s new proactive case strategy approach, under Advocate Andrea Johnson,” said Seboka.
“This proactive investigation and prosecution strategy prioritizes matters and properly allocates resources to ensure maximum efficiency and impact.”
Regarding the UAE court’s decision to deny extradition of the Gupta brothers, Seboka said the NPA remains deeply concerned, “in light of the fact that it worked through SA’s Central Authority and did everything in line with the UAE treaty requirements, and also complied with all other requests of the UAE authorities”.
Commenting on the matter Advocate Johnson said: ”While this judgment is a setback, the ID remains focused and committed to ensuring that 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”.
She added: “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.”
