Latest news with #IqbalSharma
Mail & Guardian
13 hours ago
- Mail & Guardian
National Prosecuting Authority preparing to reinstate charges against Nulane accused
State capture: Ajay Gupta, Atul and Rajesh. (Adrian de Kock/Netwerk24) The 'We are tirelessly working towards that,' said NPA spokesperson Mthunzi Mhaga . On Thursday, the NPA prevailed in the supreme court of appeal (SCA), which found that Judge It said what transpired in the high court could only be summed up as a 'failure of justice'. The SCA ruling came almost two years after Gusha That decision meant that none of them had to take the stand to answer the case put forth by the state. Gusha found that the prosecution had 'regrettably failed to pass even the barest of thresholds' in proving that the accused colluded to defraud the Free State government and ensure some R24 million was funnelled to a United Arab Emirates (UAE) Standard Chartered Bank account linked to the Gupta family. Gupta associate Iqbal Sharma was arrested in 2021, nearly a decade after Free State officials deviated from public finance rules to awarded a contract worth R24.9 million for a feasibility study to his newly-founded Nulane Investments. It pinpointed Paras, an Indian firm linked to the Guptas, as the preferred entity to a dairy project in Vrede in the Free State. This would later become the Estina dairy farm scam in which more than R280 million allegedly flowed to the Gupta family. But Gusha, an acting judge, found that the prosecution was unable to prove that provincial officials broke the law when they gave the contract to Nulane. It meant that the case collapsed at the first hurdle, because without proof that the money was stolen, the state could not sustain the charge of money-laundering in relation to the rapid-fire transfers that followed to companies in the Gupta stable. The SCA agreed with the state that Gusha made a litany of errors in law and fact, resulting in a failure of justice. She had been obliged to consider the totality of evidence, and had failed to do so. 'The inference is inescapable — and the judgment itself shows — that the judge had closed her mind to the evidence adduced by the state. 'This is unfortunate, particularly in a case such as this, where it was prima facie established that scarce public funds were unlawfully extracted from the department and channelled to the UAE, by fraud and the misuse of power.' Hence, the appellate court said, the acquittal of the accused was unfair to the prosecution. The prosecution had relied on the doctrine of common purpose to prove that all accused were part of a conspiracy to defraud the government, as were Atul and Rajesh Gupta. It had planned to add them to the list of accused if they were surrendered to South Africa. The SCA said there was evidence that three Free State officials worked together to ensure Nulane was appointed and paid and, further, that fraud and money-laudering was committed with the cooperation of the rest of the accused, among them Ronica Ragavan, the director of the Gupta family's Islandsite Investment. That was one of the companies in the family's business empire through which the state allegedly the money extracted from the Free State was laundered with 'bewildering rapidity'. There was a real likelihood, the SCA said, that the accused would have incriminated each other, had they been put on the stand. 'The high court misapplied s174 of the CPA [Criminal Prosecution Act]: a court should not discharge an accused who might be incriminated by a co-accused. This was unfair to the state,' the court said. 'The trial in the high court can be summed up in a single sentence: This was a failure of justice.' It added that regrettably this undermined public confidence in the criminal justice system. The SCA ruling provided some comfort for the NPA a week after the Bloemfontein high court ruled that it did not have jurisdiction to try Ace Magashule's former assistant, Moroadi Cholota, for her role in the R225 million Free State asbestos scam case. The court found that her extradition from the United States was unlawful as the NPA had failed to challenge an SCA ruling that only the minister of justice, and not the prosecuting authority, had the power to apply for extradition, in due time. The NPA is seeking to overturn this ruling as well.
eNCA
2 days ago
- Business
- eNCA
NPA wins appeal in R25m Nulane fraud case
JOHANNESBURG - The National Prosecuting Authority has welcomed its successful appeal in the Nulane corruption case. An acting Judge discharged the accused in the R25-million fraud and money laundering trial in April 2023. The accused discharged in the section 174 application include Iqbal Sharma and his company, Nulane Investment. Several Free State officials and Ronica Ragavan, worked for Island-site Investment, owned by the Gupta family. This judgment paves the way for the Investigating Directorate Against Corruption to reinstate the case. Sharma, his brother-in-law, Dinesh Patel, and several others were accused of defrauding the Free State government. Nulane was appointed irregularly to conduct a feasibility study for a dairy farm NPA Welcomes the SCA Judgment Upholding IDAC's Appeal in Nulane Corruption Case — NPASouthAfrica (@NPA_Prosecutes) June 12, 2025
IOL News
2 days ago
- IOL News
SCA overturns acquittal in R25 million Gupta-linked Nulane Investments case
The Supreme Court of Appeal (SCA) has overturned the Free State High Court's decision to acquit former Transnet Board member Iqbal Sharma and other accused in the Nulane Investments scam case. Image: National Prosecuting Authority (NPA) The Supreme Court of Appeal (SCA) has overturned the Free State High Court's decision to acquit all the accused in the R25 million Nulane Investments fraud and money laundering case. The SCA set aside the High Court ruling that ended in eight accused walking free on April 2023, after the court ruled that there was no case to answer under Section 174 of the Criminal Procedure Act. This was after the National Prosecuting Authority (NPA) filed an appeal to reverse the judgment. The SCA ordered that the accused be tried before a different judge. The matter relates to the payments that the Free State government made to Nulane to conduct a feasibility study that led to the controversial and failed Gupta-linked Vrede Diary farm project. The suspects included government officials and Gupta-linked associates. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Iqbal Sharma and his company Nulane Investment, former head of the 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 Gupta's Islandsite Investment, and Dinesh Patel who is Sharma's brother-in-law and a representative of Nulane Investment. 'It is ordered that the first to seventh respondents may be retried for the same offences in respect of which they were acquitted by the Free State High Court on April 21, 2023, as if they had not previously been arraigned, tried and acquitted: provided that a different judge shall preside over the trial,' read the judgment. NPA spokesperson, Mthunzi Mhaga, said this judgment confirms their view that the acting judge, Nompumelelo Gusha, misdirected herself in applying the relevant principles with regard to the case and erred in her strong criticism of the prosecution team. Mhaga said the judgment paves the way for the NPA's Investigating Directorate Against Corruption (IDAC) to reinstate the case within a reasonable period, adding that 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 R8.2bn in confiscation orders deposited to the Criminal Asset Recovery Account (CARA),' Mhaga said. He said IDAC 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.'
IOL News
2 days ago
- Business
- IOL News
Supreme Court backs NPA in Nulane case, paving way for corruption trial
Former Transnet Board member and Gupta family associate Iqbal Sharma. Image: National Prosecuting Authority / Supplied The National Prosecuting Authority (NPA) has welcomed a significant ruling from the Supreme Court of Appeal (SCA), which reinstates the potential for a corruption trial in the controversial Nulane case. This landmark decision follows the discharge of several accused persons by Acting Judge Gusha, who had ruled on 21 April 2023, that there was no case to answer under Section 174 of the Criminal Procedure Act. However, the SCA has now ordered that the accused may be retried by a different judge, effectively overturning the earlier ruling. The accused in this case encompass a range of individuals and companies, including Iqbal Sharma and his business Nulane Investment, former head of the Free State Department of Agriculture (FSDoA), Peter Thabethe, and other notable figures such as Limakatso Moorosi, the former FSDoA Chief Financial Officer Seipati Dhlamini, Ronica Ragavan of Islandsite Investment, a company connected to the Gupta family, and Dinesh Patel, Sharma's brother-in-law. Following a meticulous review of Judge Gusha's decision, the Investigating Directorate Against Corruption (IDAC) expressed confidence that the judge misapplied the legal standards relevant to the case, leading to an undue dismissal of the prosecution. In the words of IDAC, the SCA's ruling vindicates their stance that the Acting Judge's criticisms of the prosecution team were unwarranted. With the SCA's judgment, IDAC is poised to reinstate the case within a reasonable timeframe, reaffirming the NPA's commitment to prosecuting individuals accountable for the extensive corruption associated with state capture. This case is emblematic of the broader efforts by IDAC to combat severe corruption during a tumultuous period in South Africa's governance, where state resources were allegedly manipulated for personal gain. Beyond the Nulane case, progress at IDAC has been noteworthy. The agency has actively enrolled 50 cases, announced 133 ongoing investigations, and collaborated with the Asset Forfeiture Unit to secure freezing orders totalling R14.3 billion. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading Of this, R8.2 billion has already been directed to the Criminal Asset Recovery Account (CARA), signalling a robust strategy to recover lost state assets. As it continues to expand its operations since becoming a permanent unit in August 2024, IDAC is capitalising on revamped investigative powers. Innovations include partnerships that enhance the unit's technical capacity to extract and process data from encrypted digital devices, crucial for substantiating cases and securing convictions against sophisticated criminal enterprises. While complex corruption cases often require time to resolve, the NPA is steadily advancing in its relentless pursuit of accountability. The agency's firm commitment to executing its mandate "without fear, favour, or prejudice" reflects a renewed determination to restore public trust in South Africa's justice system amidst a legacy of corruption. IOL
