By Lehlohonolo Lehana.
The Gauteng High Court in Johannesburg dismissed the controversial businessman Salim Essa’s bid to review the State Capture Commission report.
The commission made adverse findings implicating him in wrongdoing relating to some of country’s biggest state-owned entities such as power utility Eskom, national carrier SA Airways and rail transport and logistics company Transnet.
The commission argued that Essa’s review application should be dismissed as he is a fugitive.
Deputy Chief Justice Dunstan Mlambo dismissed Essa’s application to review and set aside parts of the report that implicated him in state capture.
Mlambo ruled that allowing a fugitive to benefit from the legal system while evading its reach risks hampering court processes and “condones defiance of the law”.
He said Essa’s status as a wanted man means he cannot ask courts for help while ignoring warrants for his arrest on corruption charges.
The court also hit Essa with costs for the failed bid, sending a clear message that running from justice has consequences.
The ruling came after Essa, from his hideout in Dubai, tried to challenge the commission’s findings through lawyers, claiming they were unfair.
But Mlambo said fugitives forfeit rights to court relief until they face the music.
The controversial businessman is known to have relocated to Dubai roughly five years ago, has been keeping a low profile, especially after the US Treasury slapped him and Gupta brothers Ajay, Atul and Rajesh with Magnitsky Act sanctions in 2019.