NPA confident Nulane state capture case will return to court

The National Prosecuting Authority anticipates the reinstatement of the Nulane fraud case, linked to state capture and the Guptas. This follows the Supreme Court of Appeal's decision to overturn an earlier acquittal. A retrial under a new judge is now expected.

The National Prosecuting Authority's Investigating Directorate expressed confidence that the Nulane case, South Africa's first linked to state capture, will soon be re-enrolled in court. The matter involves allegations of fraud and money laundering totaling R24.9 million, connected to the Gupta family, with eight accused including two companies.

Earlier this year, Free State High Court Judge Nompumelelo Gusha discharged the accused in a strongly worded judgment. However, the Supreme Court of Appeal reversed this ruling, mandating a retrial before a different judge to ensure a fair process.

Legal analyst Dikeledi Sinakhomo explained the implications: "It means that the case is going to start with all the documents that were presented to the state and to the legal representatives, when this case started. They are going to use the very same documents that they had and they are still allowed, with an agreement between the state and the NPA, to bring the new documents, which have new evidence. They are allowed to do so per agreement between the two parties."

This development marks a key step in the NPA's efforts to pursue state capture prosecutions, building on recent judicial support. While specifics on the retrial timeline remain pending, the decision underscores ongoing accountability efforts in high-profile corruption cases.

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Dramatic courtroom illustration of South African inquiry into alleged police corruption and drug cartel infiltration.
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Hearings expose alleged drug cartel ties in South African policing

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Two parallel inquiries in South Africa have uncovered deep distrust and corruption allegations within law enforcement, stemming from claims of a drug cartel's infiltration into police and politics. Key figures like former minister Bheki Cele and Vusimuzi Matlala face scrutiny over financial dealings, while the disbandment of a task team raises questions about protecting criminals. The Madlanga Commission is set to submit an interim report this week, though it will remain confidential.

South Africa's Constitutional Court has ruled that the extradition of Moroadi Cholota from the United States was unlawful, but her prosecution must proceed. The decision clarifies that the National Prosecuting Authority lacks the power to request extraditions, assigning that role to the national executive. This ruling provides a lifeline to ongoing cases while addressing long-standing legal practices.

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The National Prosecuting Authority in Limpopo has welcomed a High Court ruling that dismissed musician Shebe Maburna's urgent bail appeal. Maburna, whose real name is Lehlohonolo Chauke, faces multiple serious charges including attempted murder. The court found no exceptional circumstances to justify his release.

The Supreme Court of Appeal has ruled that banks financing second-hand vehicles in South Africa must bear liability for defects, marking a significant shift in consumer protection. In a case involving a pensioner who bought a faulty Ford Ranger, the court ordered WesBank to repay over R170,000. This judgment emphasizes banks' dual role as credit providers and suppliers.

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A 19-year-old accused in a deadly mass shooting in Marikana informal settlement appeared in court and abandoned his bail application. The case, involving nine murder charges, has been postponed to April 16 for further investigation. Additional charges related to gang activity are expected.

While Andy Mothibi's appointment as National Director of Public Prosecutions (NDPP) has been praised, commentators like Rebecca Davis have highlighted deep flaws in the selection process, raising questions about transparency in South African public appointments.

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The Seventh Chamber of the Santiago Court of Appeals left the review of the querella de capítulos against former prosecutor Manuel Guerra in agreement, in a branch of the Audio case. The Public Ministry seeks to formalize him for alleged crimes such as bribery and breach of secrecy. Additionally, the Arica Prosecutor's Office confirms it is investigating possible links between Guerra and the Belarus plot.

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