The National Prosecuting Authority (NPA) says it will soon meet with its legal team to discuss the judgment of the High Court in Bloemfontein which has ordered the unfreezing of the Gupta assets.
The Assets Forfeiture Unit seized the Gupta assets which are worth more than R180 million following ongoing investigations.
The case is related to the more than R250 million Estina dairy farm project in Vrede in the Free State. The unit seized 43 Gupta properties as well as luxury vehicles.
“We are disappointed, we never expected this but we actually understand that the judge did not have sight of the entire docket and therefore it was not an acquittal as far as the criminal case is concerned. After we have received the entire judgement we will have to consider the judgement, engage with the leadership and the senior council. I would imagine that we won’t take this lying down,” says NPA spokesperson, Vuyo Mfaku.
The NPA says it will seek leave to appeal the judgment.
In handing down his judgement Judge Philip Loubser said there is not enough evidence to show reasonable grounds to reserve the assets against Gupta linked people and companies.
“It therefore appears that this issue is not either here nor there and therefore I do not propose to take it any further. As far as costs are concerned the court has to express its displeasure in the failure of the NDPP to include the Baroda affidavit in its finding papers and to provide its funding pertaining to the judgement of the following order is therefore made the provisional restraints order in respects to the first applicant is discharged with costs . The costs of the two council and the provisional of two council in respect to applicants mainly the sixth and the seventh applicant are discharged with costs of two council.”
