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AGE OF ACCOUNTABILITY

NPA secures major State Capture win: Gupta associates and Free State officials face retrial

In a landmark ruling, the Supreme Court of Appeal has overturned the 2023 acquittals of Gupta lieutenant Iqbal Sharma, Gupta-linked executive Ronica Ragavan, and senior Free State government officials in the R24.9m Nulane fraud case. The court found multiple legal errors in the original trial and ordered a retrial before a new judge.
NPA secures major State Capture win: Gupta associates and Free State officials face retrial Limakatso Moorosi, Iqbal Sharma, Ronica Ragavan and Dinesh Patel appear at the Free State Division of the High Court in Bloemfontein on 23 January 2023. (Photo: Gallo Images / Volksblad / Mlungisi Louw)

In a tough week, the National Prosecuting Authority (NPA) has won a major State Capture milestone as a four-judge bench of the Supreme Court of Appeal (SCA) on Thursday, 12 June 2025, ordered that a new judge hear the Nulane State Capture case after an initial acquittal.

More than R280-million was squandered on the Vrede dairy case, which saw the Gupta family take over prime Free State land run by their henchmen from India, who then ran it into the ground as they knew little about agriculture and even less about dairy farming. This money was found to have been used to pay for the infamous Bollywood family wedding in Sun City in 2013.

In April 2023, Acting Judge Nompumelelo Gusha threw out the case against Nulane’s Iqbal Sharma, Ronica Ragavan (representing a Gupta company) and various Free State officials.

“The SCA judgment confirms our view that the acting judge (Nompumelelo Gusha) misdirected herself in applying the relevant principles with regard to the case and erred in her strong criticism of the prosecution team,” said the NPA.

Read more: Judge slams State’s ‘stillborn, audacious’ case as all 8 Nulane corruption accused discharged

Andrea Johnson’s Investigating Directorate Against Corruption (Idac) will reinstate the case, one of the first significant acts of State Capture by the Gupta family and their associate, former trade official Sharma. The Commission of Inquiry into State Capture heard that poor black farmers were deprived of up to R280-million in the Vrede dairy farm case.

Calves at the Vrede dairy farm were unfed and suffering from diarrhoea.<br>(Photo: NSPCA)
Calves at the Vrede dairy farm were unfed and suffering from diarrhoea. (Photo: NSPCA)
Cows were left without food, water or veterinary care. (Photo: NSPCA)
Cows were left without food, water or veterinary care. (Photo: NSPCA)
Some cows were so emaciated they could not move. (Photo: NSPCA)
Some cows were so emaciated they could not move. (Photo: NSPCA)
Iqbal Sharma appears at the Bloemfontein High Court on January 23, 2023 in Bloemfontein, South Africa. The suspects face charges of fraud, money laundering and breaching the Public Finances Act involving R24.9 million. (Photo by Gallo Images/Volksblad/Mlungisi Louw)
Iqbal Sharma appears at the Free State Division of the High Court in Bloemfontein on January 23, 2023 in Bloemfontein, South Africa. (Photo: Gallo Images / Volksblad / Mlungisi Louw)
Oakbay Investments acting CEO Ronica Ragavan at the North Gauteng High Court during the hearing of former Finance Minister Pravin Gordhan and the Oakbay case in March 2017, in Pretoria. (Photo: Gallo Images/Beeld/Felix Dlangamandla)
Oakbay Investments acting CEO Ronica Ragavan at the North Gauteng Division of the High Court in Pretoria in March 2017. (Photo: Gallo Images / Beeld / Felix Dlangamandla)

The Investigating Directorate Against Corruption charged Sharma, Ragavan (representing the Gupta company Islandsite Investment One Hundred and Eighty [Pty] Ltd), as well as Free State government officials, Mbana Peter Thabethe, Limakatso Moorosi, Seipati Silvia Dhlamini and Dinesh Patel (Sharma’s brother-in-law). Thabethe, Moorosi and Dhlamini were senior Free State Agriculture and Land Reform Department officials.  

While Ace Magashule was premier at the time, he was not charged with this case but with other charges. Because of a separate judgment, the court ruled last week that the extradition of his secretary, Moroadi Cholota, was not legal, and his asbestos capture case has been pushed out to 2026.

Read more: Shamila Batohi and the NPA’s week from hell — Failed extradition and calls for her resignation

The SCA ruled that the high court made multiple errors of law, including those related to the doctrine of common purpose, evidence rules, and an incorrect interpretation of Section 204 of the Criminal Procedure Act, among others. The SCA said the accused may be retried on the exact charges before a different judge as if they had not been tried or acquitted.

The Nulane accused face charges related to fraud, money laundering and contravention of the Public Finance Management Act with the first part of the contract. This was a scoping contract by Sharma’s company Nulane, which paid R24.9-million. The State Capture commission heard that Sharma subcontracted this work to Deloitte for R1.5-million.

In 2024, Daily Maverick reported here that the black farmers who had been deprived of their rights at the Vrede farm had received a R1,300 gift card and a 5kg meat hamper from the new farm owners, which has since reverted to state ownership. 

“This judgment paves the way for the Investigating Directorate Against Corruption to reinstate the case within a reasonable period. The NPA remains resolute in its stance of effectively prosecuting and holding accountable those responsible for State Capture-related corruption,” said the NPA, which is under fire for slow progress.

However, the Investigating Directorate Against Corruption has enrolled 50 State Capture cases and declared 133 investigations. It also works with the Asset Forfeiture Unit, run by Ouma Rabaji-Rasethaba, to obtain R14.3-billion worth of asset seizures through freezing and preservation orders. DM

Comments

Esskay Esskay Jun 12, 2025, 02:05 PM

Maybe a lifestyle audit on Judge Gusha as well as a review of other cases she has presided over?

William Dryden Jun 13, 2025, 10:28 AM

Totally agree.

Rae Earl Jun 12, 2025, 02:50 PM

How is it possible that the legal fraternity was allowed to get away with this delay for so long. Is it resigned acceptance or simply laziness that resulted in nothing happening immediately after the case was ditched? Where were the Law Society watch dogs?

Fanie Rajesh Ngabiso Jun 12, 2025, 03:18 PM

I'll be more impressed when I see a conviction. The state has likely spent billions on hunting down state capture people and failing to convict them. Good money after bad.

Diane Salters Jun 12, 2025, 03:18 PM

This is good news but does raise issues of confidence in our judicial system...particularly the lower courts? Let's hope they all get it right this time. South Africans need redress.

Fernando Moreira Jun 12, 2025, 04:34 PM

It will take another 10 to 15 years , then another appeal !

Skrik Wakker Jun 12, 2025, 05:40 PM

... the Vrede farm [redacted] has since reverted to state ownership. Okaaaaay?? .... so then what is its current status? active? or lying fallow and any improvements trashed or stolen? may be useful to look at it via google earth!

Linda Horsfield Horsfield Jun 12, 2025, 06:13 PM

Shame! The ANC deployed Judge didn't achieve her intended result of ensuring that no ANC politician or their family and friends ever gets found guilty

Earl Grey Jun 13, 2025, 09:27 AM

Excellent news. The wheels of justice certainly turn slowly, but they were not turning at all during state capture so this is progress.

Robinson Crusoe Jul 22, 2025, 01:53 PM

I hope that this is reassuring news. Citizens and taxpayers are sick and tired of the way in which the State Capture cases has been handled. Do get on with it and show us that justice is properly and duly done.