NPA spokesperson Luvuyo Mfaku told News24 that the papers would be filed on Wednesday in the Free State High Court.
Court papers, dated February 8, emerged on Monday.
In them, Atul said that National Director of Public Prosecutions Shaun Abrahams, “not only failed to make out a case for relief sought”, but also misled the court with the evidence which led to the order being granted.
Gupta is challenging the preservation order, valued at R10m, and wants to have it set aside.
News24 understands that the Hawks are still looking for Ajay Gupta, who they regard as a fugitive, along with his two brothers Atul and Rajesh, albeit for different cases.
In the court papers, Atul acknowledged that the affidavit was signed and sworn in Dubai. The affidavit was stamped and signed by a commissioner of oaths at the South African Consulate in Dubai.
“I wish to state, at the outset, that I am currently outside South Africa,” he said.
Recent reports claim that Atul and Ajay were seen in India attending a wedding.
In his affidavit, Atul denied that he had unduly benefited from the Estina dairy farm project, but added that he had not had an opportunity to read the papers.
“The affidavit is prepared in extreme haste as I was only able to give factual instructions on February 7,” he said.
Atul also submitted that he did not take issue with the order pertaining to the preservation of immovable property.
He restricted his challenge to the amount of R220m.
The NPA seized control of a dairy farm in the Free State, the Guptas’ bank accounts, companies co-owned by Duduzane Zuma, and other entities in the Gupta empire.
In January, the Free State High Court put the Krynaauwslust farm near Vrede in the Free State under curatorship.
News24 reported that the order revealed that the Free State’s agricultural department – under then agriculture MEC Mosebenzi Zwane – had paid R220m to the Guptas, in what the AFU calls a “scheme designed to defraud and steal monies from the department”.
Gupta believes AFU financial investigator Nkosiphendule
Want to watch Richard Poplak’s audition for SA’s Got Talent?
Who doesn’t? Alas, it was removed by the host site for prolific swearing*... Now that we’ve got your attention, we thought we’d take the opportunity to talk to you about the small matter of book burning and freedom of speech.
Since its release, Pieter-Louis Myburgh’s book Gangster State, has sparked numerous fascist-like behavior from certain members of the public (and the State). There have been planned book burnings, disrupted launches and Ace Magashule has openly called him a liar. And just to say thanks, a R10m defamation suit has been lodged against the author.
Pieter-Louis Myburgh is our latest Scorpio Investigative journalist recruit and we’re not going to let him and his crucial book be silenced. When the Cape Town launch was postponed, Maverick Insider stepped in and relocated it to a secure location so that Pieter-Louis’ revelations could be heard by the public. If we’ve learnt one thing over the past ten years it is this: when anyone tries to infringe on our constitutional rights, we have to fight back. Every day, our journalists are uncovering more details and evidence of State Capture and its various reincarnations. The rot is deep and the threats, like this recent one to freedom of speech, are real. You can support the cause by becoming an Insider and help free the speech that can make a difference.
*No video of Richard Poplak auditioning for SA’s Got Talent actually exists. Unless it does and we don’t know about it please send it through.
Britain's Scotland Yard is built atop the site of an unsolved crime scene.