NPA WELCOMES THE SCA JUDGMENT UPHOLDING IDAC’S APPEAL IN NULANE CORRUPTION CASE
12 JUNE 2025
NPA WELCOMES THE SCA JUDGMENT UPHOLDING IDAC’S APPEAL IN NULANE CORRUPTION CASE
The National Prosecuting Authority (NPA) welcomes the Supreme Court of Appeal judgment upholding the appeal by the Investigating Directorate Against Corruption (IDAC) against the judgment of Acting Judge Gusha. On 21 April 2023, Acting Judge Gusha discharged the accused in the Nulane case in terms of Section 174 of the Criminal Procedure Act. The SCA has ordered that the accused may be tried before a different judge.
The accused who were discharged are Iqbal Sharma and his company Nulane Investment, former head of Free State Department of Agriculture (FSDoA), Peter Thabethe, former head of FSDoA Limakatso Moorosi, former FSDoA Chief Financial Officer Seipati Dhlamini, Ronica Ragavan and the company she represents owned by the Guptas Islandsite Investment, and Dinesh Patel who is Sharma’s brother-in-law and a representative of Nulane Investment.
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. This SCA judgment confirms our view that the Acting Judge misdirected herself in applying the relevant principles with regard to 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. Beyond this important case, IDAC has made significant progress in its efforts to ensure
accountability for serious and complex corruption and related crimes stemming from the state capture era. It has enrolled 50 cases, declared 133 investigations and partnered with the Asset Forfeiture Unit to obtain freezing and preservation orders amounting to R14.3 billion with R8.2 billion in confiscation orders deposited to the Criminal Asset Recovery Account (CARA).
It has made progress on several other matters and aims to enroll several new cases in the coming months. Since becoming permanent and with requisite criminal investigative powers in August 2024, IDAC has expanded its capacity to enable it to deliver effectively on its prosecution-led mandate. It also has established an innovative partnership giving it access to a world-class digital evidence unit that bolsters its ability to extract data from encrypted digital devices to be used as
admissible evidence in its cases.
Convictions in complex corruption cases take time, and not just in South Africa. The NPA is making steady and important progress in this endeavor and will continue to execute its mandate without fear, favour or prejudice.
Enquiries:
Adv Mthunzi Mhaga
NPA National Spokesperson