Dismissal of NPA's appeal bid raises doubts on State Capture accountability

4 August 2023

The dismissal of the National Prosecuting Authority’s (NPA) bid to appeal the failure of their first ever state capture trial, unfortunately places further doubt on the ability of the institution to successfully prosecute those responsible for State Capture.

The case concerned the appointment of Nulane by the Free State Department of Agriculture to conduct an allegedly fraudulent R24.9 million feasibility study for the Mohoma Mobung initiative, which was championed by the former Free State Premier Ace Magashule. It was alleged that Nulane subsequently subcontracted the study to Deloitte at a cost of R1.5 million and then proceeded to alter the findings in order to identify Paras – a firm with ties to the Guptas – as the most favourable implementation partner for the Vrede Dairy Project. The State intended to argue that this chain of events resulted in the looting of R288 million – in the now infamous Vrede Dairy project scandal.

The case however failed at the outset, as crucial documentary evidence was declared inadmissible due to poor handling – which was described by the court as a “comedy of errors”.

The Free State High Court in Bloemfontein has now dismissed the NPA’s application to appeal questions of law relating to the section 174 discharge and declared that these ‘questions of law’ were in fact ‘questions of fact’ which could not be challenged by the State on appeal.

It is increasingly clear that promises from the State that those responsible for state capture will be held to account are hollow. The NPA is yet to demonstrate that it has been successfully recapacitated, and the State’s inability to successfully extradite the Guptas has placed further doubt on the government’s ability to bring all who are responsible for state capture to account.

The DA is in the final stages of preparing our Anti-Corruption Commission Bill, which will seek to establish a new Chapter 9 institution tasked with combating high-level corruption. The urgency of this Bill is now pronounced given the complete lack of consequences for obvious high-level corruption within government.

Ordinary South Africans deserve to see justice served upon those responsible for State Capture.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice and Constitutional Development, 4 August 2023