Attorney Andrea Johnson, head of the National Prosecuting Authority’s Investigations Branch (NPA ID), says law enforcement is on track to win the battle against state capture perpetrators.
This after the NPA won a crucial victory in the Gauteng High Court when the court upheld the ID’s claim to restrict at least R1bn of assets from Gupta-linked company Regiment Capital.
“It was a tough but much appreciated fight in the long battle against state capture. This is only the beginning of law enforcement to reclaim the state from the jaws of capture. It is a clear indication that management is working hard to hold those most accountable,” Johnson said.
In the State Capture report released by Chief Justice Raymond Zondo, the company is accused of fraud, corruption and money laundering after performing “advisory work” for Transnet in the acquisition of at least 1064 locomotives.
On top of that, the company also faces a litany of other criminal charges, including racketeering and a potential tax bill of over R200 million in March last year.
According to ID spokesperson Sindisiwe Seboka, an interim freezing order was granted in 2019 but was overturned just under a year later.
“The Court of Appeal… ordered that the restraint order originally issued by Judge Wright be varied from R1.108 billion to R1.6 billion. However, due consideration should be given to the reimbursement that Regiments made to the Transnet Second Defined Benefit fund in the amount of R639 million. This then brings the total assets tied up to R1.05 billion,” Seboka said.
The Investigations Directorate – which was created in 2019 – has currently declared 82 investigations and registered 20 cases with 65 defendants.
(With contributions from the South African government press release)