The National Prosecuting Authority (NPA) may have lost the battle, but it hasn't yet lost the war. After its freezing order for more than R200-million in Gupta assets was overturned in court last week, it has just won a court order allowing it to hunt for what it says are the proceeds of crime belonging to the family and their associates in Dubai.
According to TimesLive, the NPA believes that the Guptas moved R169-million, made as a result of the Estina dairy farm project, to Dubai. NPA spokesperson Luvuyo Mfaku told TimesLive that curator Eugene Nel has been appointed to look for the money. The funds were reportedly paid to a company called Gateway Limited, which the NPA believes is just a shelf company.
"So the next step is for him [Nel] to be appropriately recognised by the Dubai authorities, so that he can trace where the money was moved and potentially seize assets in a bid to recover it," Mfaku reportedly said.
In a devastating blow to the NPA, judge Phillip Loubser of the Bloemfontein high court overturned the initial freezing order, citing serious flaws in the state's case against those involved in the Estina matter.
According to Daily Maverick, Loubser said there were not enough reasonable grounds in the state's case that the accused would be convicted, for the freezing order to stand up. He reportedly said there were problems with evidence submitted by the NPA, which allegedly showed how the money flowed from the Free State provincial government to Gupta coffers.
Insiders at the NPA told City Press that prosecutors working on the case were "stretched, overwhelmed, and under pressure", leading to slip-ups in their investigation.
Times Select reported that the NPA is likely to appeal Loubser's judgment.