NPA to appeal Nulane Investments case discharge

Thursday, May 4, 2023

The National Prosecuting Authority (NPA) says it will appeal a decision by the High Court in Bloemfontein to discharge the defendants in the Nulane Investments money laundering and fraud case.

The case was related to the payment of some R24.9 million by the Free State Department of Agriculture to Nulane Investments – owned by Iqbal Sharma – in order to conduct a feasibility test for the department’s farming project called Mohoma Mobung.

The money was allegedly siphoned to Gupta-owned company, Islandsite Investments.

NPA Investigating Directorate (ID) spokesperson, Sindisiwe Seboka, said prosecutors have “taken time to carefully interrogate all aspects of the judgment” and will lodge an appeal.

“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 of finalising 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.

She explained that the 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. This proactive investigation and prosecution strategy prioritises matters and properly allocates resources to ensure maximum efficiency and impact,” she said.

On the matter of a court decision in the United Arab Emirates to decline South Africa’s extradition request of the Gupta brothers, Head of the NPA ID, Advocate Johnson said the directorate remains steadfast in its work to prosecute those involved in State capture.

“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.

“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,” Johnson said. – SAnews.gov.za