File picture: Independent Media Archives
File picture: Independent Media Archives

Court to rule on postponing Gupta case as State is not ready

By Andrew Moses Time of article published May 10, 2018

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Bloemfontein - Court has adjourned in the case in which Gupta-linked companies want the latest provisional preservation order granted to the National Director of Prosecutions (NDPP) freeze assets worth about R180 million set aside.

The case, which is being heard in the Free State High Court, technically took off to a false start as the NDPP indicated it was not ready to proceed and sought a postponement.

The NDPP said it wanted more time to prepare their response.

Read: Gupta-linked companies want preservation order set aside

But this did not go down well with lawyers for the applicants who felt the NDPP was not taking the matter seriously yet they are the ones who initially brought it to court on an urgent basis. 

Advocate Mike Hellens, for the applicants, tore the State's case apart saying the State is playing tactics.

“The NDPP hasn't filed a responding affidavit but they have filed for a postponement,” Hellens told the court.

"The NDPP cannot be too busy when they lit the fuse of the ex parte application. They've failed the test for postponement,” he argued.

Advocate Rafik Bhana, also for the applicants described it as a classical example of an engineered postponement.

“Your lordship is not told when the replying affidavit will be available… or what will be contained in that response.

“This application for postponement should fail… with costs,” he argued.

Judge Phillip Jacobus Loubser said he will deliver judgment at 12:15 on whether the case should be postponed or not.


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