NPA welcomes SCA reversal of Nulane acquittals
The Supreme Court of Appeal has overturned the decision to acquit all accused in the R25 million Nulane case.
In 2023, acting Judge in the Bloemfontein High Court Nompumelelo Gusha acquitted Gupta associate and Nulane director, Iqbal Sharma, his brother-in-law, Dinesh Patel, executive, Ronica Raganva, three former Free State government officials, as well as Dr Limakatso Moorosi.
On Thursday, the SCA found that Gusha made numerous errors in law and ordered a retrial.
At the time, Gusha ruled that the state had failed to prove that the money that flowed from the government ended up in the accused's accounts.
The state alleges that Nulane was a key player in the irregular Vrede Dairy Project scam.
READ MORE: Investigating Directorate lodges appeal against Nulane acquittals
“After a thorough interrogation of Acting Judge Gusha’s judgment, the IDAC team took the view that the judge erred in applying the test applicable in terms of Section 174 of the Criminal Procedure Act,” said NPA spokesperson Mthunzi Mhaga.
He said they welcome the SCA decision: “This SCA judgment confirms our view that the acting judge misdirected herself in applying the relevant principles concerning the case and erred in her strong criticism of the prosecution team.
“This judgment paves the way for IDAC to reinstate the case within a reasonable period. The NPA remains resolute in its stance of effectively prosecuting and holding accountable those responsible for state capture-related corruption.”
He maintained that the NPA is making steady progress in prosecuting complex cases, such as those emanating from the state capture inquiry.
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