Adv. Mike Hellens (SC) said there were no prospects of success in the state's plea for leave to appeal the previous judgment, which discharged and acquitted eight suspects in the fraud case. 

He said the judgment by Gusha aligned itself with the facts of the case, especially around the police investigations and evidence submitted by the state. 

Hellens argued on Friday 28 July 2023 that there were a huge inconsistency between the investigation, state witnesses, and evidence in court. 

Adv. Nazeer Cassim (SC), representing the state, argued on Friday that should another court find there was a misapplication of legal principles and misdirections in the treatment of legal concepts premised on the evidence, it warranted correction. 

Judge Gusha has since reserved judgment and is expected to deliver it electronically.  

The NPA's Investigating Directorate (ID) on Friday returned to the Free State High Court to petition for leave to appeal the judgment in the controversial R25 million Nulane, or Estina adjacent case.

ALSO READ: Estina-adjacent case: State argues judge erred in judgment

The state wants leave to appeal the previous judgment which discharged and acquitted suspects from a range of charges regarding the looting and theft of millions of rands from the Department of Human Settlement's project Mohuma Mobung. 

ALSO READ: State to appeal R25 million Estina Adjacent case

On Friday, during arguments Adv. Cassim said this is an important matter that carries far-reaching consequences for how the State deals with state capture issues in the future.

In April 2023, Judge Nompumelelo Gusha ruled that the police's investigation into fraud, corruption, and money laundering was the “comedy of errors” of the millennium, as they failed to handle evidence.

ALSO READ: First State capture fraud case fails in court; suspects acquitted – VIDEO

Gusha delivered a scathing judgment against the NPA's prosecution team led by Advocate Peter Serunye and Advocate Jacyntha Witbooi and the Hawks' investigation team. 

In the 39-page judgment, Gusha explained the state failed to pass even the most basic threshold because there was no evidence to indicate the accused, including Sharma, and his company, Nulane Investments, among others, had jointly misrepresented the Bank of Baroda, Treasury, and the South African Reserve Bank. She said the application for a discharge could therefore not be refused.

The state alleged Nulane Investments had no employees on its books and subcontracted Deloitte to produce the report, for which Deloitte was paid R1.5 million. 

It’s alleged that the only change made to the Deloitte report was to identify Paras Dairy as a suitable implementing partner for the development of a milk processing plant in Vrede.

The people who were charged in the R25 million Nulane case included the so-called Gupta Lieutenant Iqbal Meer Sharma, Peter Mbana Thabethe, Seipati Dhlamini, and Limakatso Moorosi. 

Free State government officials and service providers stand accused of looting and stealing millions from the Free State Agriculture Department. It's alleged that officials – including  Thabethe, Dhlamini, and Moorosi – allowed an illegal upfront payment of R12 million with no proper documents.

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