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Leave to appeal state capture case in Free State dismissed

───   LUCKY NKUYANE 14:46 Fri, 04 Aug 2023

Leave to appeal state capture case in Free State dismissed | News Article
Free State High Court. Photo: Lucky Nkuyane

The Free State High Court judge has dismissed an application by the National Prosecution Authority (NPA) for leave to appeal her recent judgment over the R25 million Estina adjacent case.

Judge Nompelelo Gusha denied the NPA's Investigating Directorate team leave to appeal the discharge and acquittal of eight suspects in the first state capture case in the Free State, known as the Estina adjacent Nulane Investments case, involving the so-called Gupta lieutenant Iqbal Meer Sharma.

On Friday (28/7), state advocate Nazeer Cassim (SC) presented oral arguments in a bid for leave to appeal the previous judgment, which discharged and acquitted government officials, business people, and businesses. They previously faced a range of charges regarding the looting and theft of millions from the Department of Human Settlements project Mohuma Mobung.

NPA spokesperson Sindisiwe Seboka said Gusha served all parties with the judgment via email on Thursday (3/8) August.


Seboka said the state will study the judgment and make an informed decision on the way forward. "The state would also like to clarify the misconception that the Nulane Investments matter was the only case in which the Gupta brothers could be extradited. 

“Two cases were applied to the United Arab Emirates: Nulane and the Estina matter. The Estina matter is still at the pretrial stage in the Bloemfontein High Court and will return to court in August for further pretrial matters."

OFM News previously reported the defence lawyers told the court on Friday  the NPA’s leave to appeal the R25 million Estina adjacent case had no prospects of success. He said the judgment by Gusha aligned itself with the facts of the case, especially around the police investigations and evidence submitted by the state.

The state alleges Nulane Investments had no employees on its books and subcontracted Deloitte to produce the report, for which Deloitte was paid R1.5 million.

OFM News

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