’’Not only will the restrained assets be returned to the defendants, but it sets a high bar for disclosure in restraint applications in the future,“ said Cronje.
The State also alleges that Regiments Capital unlawfully received contracts from Transnet, either directly or indirectly, as a subcontractor to McKinsey. ’’The basis for the Gauteng High Court’s decision finding is that when the National Director of Public Prosecution Shamila Batohi applied for the restraint order, the deponent, advocate Hermione Cronje, should have brought two documents to the court’s attention: an order taken by agreement in the same division on 26 September, 2019 between various Regiments companies, their directors and Dr Wood as to how Regiments’ and its subsidiaries’ assets should be dealt with; and a settlement agreement...
If the court believes that the submission of the documents was material, I don't think it's the NPA business whether the duty Judge would be overwhelmed or not. They must acknowledge that they were under prepared for the case.
If the NPA is like this...What is going to happen!