NPA's legal battle with Iqbal Sharma escalates to the Supreme Court of Appeal
The battle between National Prosecuting Authority (NPA) and Gupta ally Iqbal Sharma and one of his companies is heading to the Supreme Court of Appeal (SCA).
Free State High Court Judge Johannes Daffue has granted the NPA the application for leave to appeal by National Director of Public Prosecution (NDPP) Shamila Batohi to head to the SCA.
“Leave to appeal is granted to the SCA to Islandsite Investments 180 (Pty) Ltd (in business rescue) and its business rescue practitioners, cited as third to fifth defendants in the main application, to appeal against the amended orders 1.3A(a) and (b) handed down by De la Rey AJ on 16 September 2025 and the amended order of 30 September 2025,” reads the judgment.
Judge Daffue said the High Court had earlier confirmed and made final a provisional restraint order issued in June 2021, after having made certain amendments to the provisional restraint order.
The NPA and Batohi sought leave to appeal the orders and judgment to the SCA, following a subsequent amendment to the September 2025 order.
“She (NDPP) inter alia relies on the fact that the proposed appeal would have a reasonable prospect of success. Also, that there is a compelling reason why the appeal should be heard, namely that the question at issue is an important one which has not been directly addressed by either the Supreme Court of Appeal or the Constitutional Court,” states Judge Daffue’s ruling.
The judge said a finding that the NDPP’s application for leave to appeal should be granted, negates any prospects of success pertaining to the application for leave to appeal by the third to fifth defendants (Islandsite Investments 180, business rescue practitioners Kurt Robert Knoop and Johan Louis Klopper).
However, the judge was satisfied that it is in the interest of justice that leave should be granted to them to appeal to the SCA to prevent a multiplicity of appeals.
“If the NDPP’s appeal is dismissed, the SCA may find that the realisable property under restraint should be limited to R24,984,240 together with the CPI (consumer price inflation) from November 2011 to date of the order in relation to the first and second defendants and around R19.1million together with CPI from November 2011 to date of the order in relation to the defendants (Sharma and his firms),” states the judgment.
Judge Daffue added that although contradictory in nature, the two applications for leave to appeal should both be granted to be heard by the SCA.
In September, Sharma, his wife Tarina Patel-Sharma and one of his companies, Issar Capital, had the restraint order on their assets worth millions of rand capped at just under R25 million.
Batohi sought confirmation of the June 2021 provisional restraint order granted by then Free State High Court Judge Soma Naidoo.
Sharma’s assets under the provisional restraint order include his famous Sandton mansion – valued at over R12 million and once featured on the lifestyle show Top Billing – which is owned through United Arab Emirates-registered Issar Global.
loyiso.sidimba@inl.co.za