NPA seeks favourable SCA ruling over 'slam dunk' Gupta-linked case

CapeTalk's John Maytham is joined on the Afternoon Drive by investigative journalist Karyn Maughan.

Listen below:

The National Prosecuting Authority is seeking a retrial in one of the first State Capture cases and one which had been widely touted as being 'open and shut'.

In April 2023, the NPA suffered a humiliating defeat in the Nulane Investments case, with the eight accused walking free.

The NPA had sought a conviction of officials from the Free State Department of Agriculture, along with Gupta associate Iqbal Sharma, for allegedly paying nearly R25 million to Nulane Investments, a company linked to the Gupta family. 

Maughan says it was always regarded as a 'slam dunk' case.

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"Essentially, the allegation was that this company, coming from absolutely nowhere, was granted a deviation by the Free State Agriculture Department to conduct a feasibility study."

- Karyn Maughan, Investigative journalist - News24

Maughan explains that the feasibility study would go on to lay the basis for the Vrede Dairy Farm scam.

But far from being a slam dunk case, Judge Nompumelelo Gusha found the NPA had failed to meet the minimum requirements to substantiate its case. 

"The Nulane case was basically put out of its misery by acting Judge Nompumelelo Gusha who, at the time, described it as a comedy of errors."

- Karyn Maughan, Investigative journalist - News24

"She found that the state had failed to produce prime facie evidence or even a case that would justify a response from the defence."

- Karyn Maughan, Investigative journalist - News24

Maughan says the NPA is hoping to recover some competence in the case when the Supreme Court of Appeal hears its appeal on Friday. 

"To have the case aborted in this very dramatic way was a blow for the NPA."

- Karyn Maughan, Investigative journalist - News24

Scroll up to the audio player to listen to the full conversation.