SUPREME COURT HANDS NPA A LIFELINE IN NULANE FRAUD CASE, BUT CONCERNS REMAIN
The National Prosecuting Authority (NPA) has been granted a crucial reprieve by the Supreme Court of Appeal (SCA) in the high-profile Nulane fraud case, marking a significant but cautious victory in South Africa’s first state capture-related prosecution.
The SCA overturned an earlier ruling, finding that the acting judge in the case had “misdirected herself” and misunderstood the law. The decision has been hailed by the NPA as a confidence booster, but critics warn that the prosecuting body still faces deep challenges in handling complex corruption cases.
A Temporary Win Amid Broader Struggles
ActionSA’s parliamentary leader, Athol Trollip, acknowledged the NPA’s legal victory but cautioned against premature celebration.
“One swallow doesn’t a summer make,” Trollip said, referencing the NPA’s mixed track record. “They’ve lost a number of other cases, and state capture prosecutions still lie ahead. If the NPA isn’t competent, more people will slip through the net.”
The Nulane case, involving R25 million in fraudulent payments linked to the Free State’s failed Estina dairy farm project, is seen as a litmus test for the NPA’s ability to secure convictions in state capture matters.
Calls for NPA Reform Intensify
The NPA’s leadership has dismissed claims of a systemic crisis, with Advocate Rodney de Kock recently defending the institution against what he called “uninformed political criticism.” However, opposition parties and legal observers remain skeptical.
Trollip pointed to high-profile failures, including the botched extradition of the Gupta family and the collapse of cases like that of former SARS official Johann van Loggerenberg. “There are no victories to speak of right now,” he said.
The Economic Freedom Fighters (EFF) have now joined calls for a parliamentary inquiry into the NPA, demanding an investigation into alleged political interference and prosecutorial failures. Trollip noted that ActionSA had already pushed for such an inquiry, signaling growing political pressure on the institution.
A Test of Credibility
The NPA’s ability to successfully prosecute the Nulane case—and other pending state capture matters—will be critical in restoring public trust. As Trollip put it: “When they win cases and put people behind bars, I’ll be the first to commend them. But until then, their reputation remains in question.”
With the NPA at a crossroads, the coming months will determine whether this legal lifeline translates into lasting accountability—or just another missed opportunity.