Judge Nompumelelo Gush is expected to hand over her judgment regarding the NPA's application for leave to appeal her previous judgment, which acquitted and discharged eight suspects, including government officials, business people, and service providers. 

The state applied for 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 Settlements project Mohuma Mobung. The state argued the judge erred in her judgment.

Adv. Nazeer Cassim (SC), representing the state, argued on Friday (28/7) 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.

A judgment regarding the NPA's application for leave to appeal a previous judgment is expected today.

Defence lawyers have told the Free State High Court Judge Nompumelelo Gusha that the NPA’s leave to appeal the R25 million Estina adjacent case will not succeed.

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. The defence wants the leave to appeal dismissed with costs.

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.

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

Former Head of Free State Human Settlements department Peter Mbana Thabethe and Iqbal Meer Sharma were discharged earlier by Judge Gusha on the Estina adjacent case. Photo: Lucky Nkuyane

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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