NPA’s ability to prosecute state capture in serious doubt: DA

The inability of the state to successfully prosecute those responsible for state capture is increasingly clear, says DA MP Glynnis Breytenbach.

Her comments follow the discharge on Friday of five people in the R24.9m Nulane fraud and money laundering case, the first state capture matter to be put on trial.

The five, Nulane Investments' Iqbal Sharma, a Gupta associate; Peter Thabethe, former head of the Free State department of rural development; Seipati Dhlamini, former provincial agriculture CFO; Dinesh Patel, Sharma’s brother-in-law and a representative of Nulane; and Islandsite director Ronica Ragavan were discharged in terms of section 174 of the Criminal Procedure Act. Limakatso Moorosi, former head of the Free State agriculture department, was acquitted, with acting judge Nompumelelo Gusha calling investigation into the matter “lackadaisical”.

“The hollowing out of the NPA (National Prosecuting Authority) during the [former president Jacob] Zuma years is now on full display as the hopelessly inept handling of the Nulane case has revealed. Results from [national director of public prosecutions Shamila] Batohi’s assurances that the NPA is being recapacitated are unfortunately yet to be seen,” said Breytenbach.

“The failure of the case is ultimately based on the poor handling of crucial documentary evidence being declared inadmissible, with the court describing these events as a 'comedy of errors'. The state resultantly failed to lead any evidence that proved its case.

“Despite endless assurances from the state that those accountable for state capture will be held accountable, recent developments have cast a long shadow of doubt on these promises.

“The failure of the state to extradite the Gupta masterminds behind state capture and the staggering failure of the Nulane case now unfortunately cast serious doubt on the capacity of the NPA to deliver on its promises,” she said.

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