KEY POINTS
- The NPA is appealing the acquittal of five accused in the Nulane fraud case.
- The state’s mishandling of evidence led to the case being dismissed.
- The SCA’s ruling could impact future state capture prosecutions.
The National Prosecuting Authority (NPA) has approached the Supreme Court of Appeal (SCA) in an attempt to overturn the acquittal of five accused individuals in the R24.9 million ($1.36 million) Nulane Investments fraud and money laundering case.
The case, which was dismissed by the Bloemfontein High Court in April 2023, involved allegations of state capture and corruption linked to a contract awarded to Nulane Investments by the Free State Department of Agriculture and Rural Development.
Five of the six accused successfully applied for charges to be dropped under Section 174 of the Criminal Procedure Act, which allows a court to acquit a defendant if the state fails to present sufficient evidence.
The sixth accused, former Free State agriculture head Limakatso Moorosi, was later acquitted, further weakening the state’s case.
Judge criticizes handling of key evidence
Acting Judge Nompumelelo Gusha, who presided over the case, criticized the state’s handling of crucial documents. She also stated that many of them were deemed inadmissible due to improper procedures.
According to IOL, she noted that while nearly R25 million ($1.36 million) had disappeared from government funds, the prosecution failed to prove what happened to the money.
“No evidence was proffered to this court with regards to when, why, and by whom the documents were altered,” she stated at the time, as quoted by The Citizen.
However, This lack of evidence played a major role in the acquittals. It left the NPA scrambling to regain ground in what has been regarded as one of the biggest corruption cases in South Africa’s state capture era.
Prosecution insists errors were made in ruling
Spokesperson for the Investigating Directorate Against Corruption (IDAC) Henry Mamothame said the state believes the judge erred. The Bloemfontein High Court judge made several legal errors, according to the state.
He expressed confidence that the SCA would take a different stance. The case is now under review.
“The state must ensure that justice is served,” said Mamothame. He hopes the appeal proves state capture cannot go unpunished.
The Nulane Investments case has gained attention for its links to corruption networks. These include those tied to the Guptas.
The Gupta family has been accused of influencing government contracts. This allegedly happened during former President Jacob Zuma’s administration.
With the Supreme Court of Appeal now reviewing the NPA’s challenge, many are waiting to see the outcome. They also hope this ruling will mark a turning point in the fight against high-profile corruption.
