NPA and Investigating Directorate to appeal Nulane judgment

4 May 2023

The NPA and its Investigating Directorate (ID) leadership note the extensive commentary on the Nulane R24.9million feasibility study case judgement, handed down on 21 April 2023 in Bloemfontein.

The prosecution team has taken time to carefully interrogate all aspects of the judgement and the Investigating Director has decided to appeal the judgement. A press briefing will be held next week, after the application for leave to appeal has been lodged.

Notwithstanding serious concerns with the judgement, which will be outlined in the papers and dealt with in the legal process, this case demonstrates the urgency to finalise the process to make the ID a permanent entity, with requisite criminal investigative powers and expanded partnerships, as detailed in the President’s response to the Zondo commission reports.

The Nulane case is one of 34 cases that have been enrolled by the ID, involving 203 accused persons and 65 entities from 2019 to March 2023.

The recently enrolled 8 seminal cases by the ID are being managed in line with the ID’s new proactive case strategy approach, under Adv Johnson. This proactive investigation and prosecution strategy prioritizes matters and properly allocates resources to ensure maximum efficiency and impact.

With regard to the UAE court’s decision to deny extradition of the Gupta brothers, the NPA remains deeply concerned, in light of the fact that it worked through SA’s Central Authority and did everything in line with the UAE treaty requirements, and also complied with all other requests of the UAE authorities.

‘’While this judgement is a setback, the ID remains focused and committed to ensuring that justice prevails for State Capture and other serious corruption within its mandate, and that those most responsible are held to account and deprived of their ill-gotten gains. This is a fight for the future of our country which we will not give up on, but it won’t be a quick or easy win,’’ says Adv. Andrea Johnson.

Issued by Sindisiwe Seboka, Investigating Directorate Spokesperson, 4 May 2023