The criminal case against a Gupta-linked businessman, Kuben Moodley, over his failure to surrender his assets valued at R232 million has been delayed to 6 November, the Investigating Directorate said on Thursday.

Moodley, also known as Kuben, owns Albatime, a company alleged to have received kickbacks from Regiments. The kickbacks flowed from contracts that were awarded by Transnet, in what is now a subject of the National Prosecuting Authority’s investigative directorate.

The Investigating Directorate had sought an order against Moodley to surrender the contents of a safety deposit boxes containing items believed to be valued at R232 million, which were held by the state capture inquiry as part of an investigation into the dealings involving the Bloemfontein businessman.

The ID brought the application, arguing that the assets formed part of a criminal investigation linked to Regiments Capital advisory services to Transnet.

In a statement on Thursday, the directorate said the liquidator had stated that Moodley "failed to fully comply with that order. He omitted details about what happened to the contents of the safety deposit boxes handed to him by the State Capture Commission on the 10 June 2020."

But the High Court in Gauteng has since postponed Moodley's court appearance as Judge Brian Spilg wants to verify whether or not Moodley has complied with the curator's requirements. 

According to an amaBhungane investigation, Moodley had introduced the chief executive of Regiments Capital, Niven Pillay, to businessman Salim Essa in 2012, and Regiments in turn paid Moodley’s company up to 5% of every deal brokered by Essa from Transnet contracts.

Contracts awarded by Transnet, in dealings that involved the company's top executives, have been probed at the commission into State Capture, with witness testimony detailing the influence of some of the companies linked to the Gupta family.