BY: Saneliso Mlambo
The National Prosecuting Authority’s (NPA) Investigating Directorate (ID) has filed an application to appeal the recent acquittal of all accused in the Nulane Investments case, a significant trial linked to state capture allegations. Acting Judge Nompumelelo Gusha’s decision in April 2023 led to the discharge of the accused due to issues with the admissibility of documentary evidence.
The NPA contends that Judge Gusha made several legal errors, including misapplying the “best evidence rule” and improperly exercising discretion. The case involves allegations of fraud and money laundering amounting to R24.9 million, connected to a feasibility study contract awarded to Nulane Investments, owned by Iqbal Sharma, a close associate of the Gupta family.
In May 2023, the NPA’s ID filed an application for leave to appeal, arguing that the trial judge erred in discharging the accused. The Bloemfontein High Court dismissed this application in August 2023, leading the NPA to approach the Supreme Court of Appeal (SCA) for leave to appeal.
In November 2023, the SCA agreed to hear oral arguments on the NPA’s appeal, providing an opportunity to challenge the acquittal. This case is pivotal in South Africa’s efforts to address state capture and pursue the extradition of Atul and Rajesh Gupta from the United Arab Emirates.
The NPA’s appeal underscores the complexities involved in prosecuting high-profile corruption cases and highlights the challenges faced in the judicial process.