Gupta-linked dairy case now shaky
• Lawyers likely to demand matter be struck off the roll
Six months after Gupta family members and business associates were arrested for involvement in the alleged Estina dairy project “scam”, the case against them is on the brink of collapse. The National Prosecuting Authority has been unable to secure mutual legal assistance from several foreign jurisdictions.
Six months after Gupta family members and business associates were arrested for involvement in the alleged Estina dairy project “scam”, the hallmark state-capture case against them is on the brink of collapse.
The National Prosecuting Authority (NPA) has been as yet unable to secure mutual legal assistance from several foreign jurisdictions in connection with its case, which involves allegations that millions intended for poor black farmers were siphoned to Gupta companies.
This has led to the state being unable to finalise the indictment in the case.
As a result, the NPA is expected to ask on Friday that the case be postponed again — an application that the Guptas’ lawyers are determined to fight. It is expected that senior counsel Mike Hellens will argue that the case must be struck from the roll, as further delays would not be in the interests of justice for his clients.
If Hellens persuades the court to make such a ruling, it would effectively kill the Estina case, dealing another blow to the NPA’s state-capture campaign.
Three months ago, the state suffered what it described as a “devastating” ruling in the Bloemfontein high court, which said it was not satisfied that there was adequate evidence connecting R250m in Gupta assets to the alleged Estina dairy project scam.
In his ruling, judge Phillip Loubser stated the evidence the state relied on was “unreliable” and showed “many shortcomings that remain unexplained at this point”.
The NPA has not attempted to appeal that ruling.
NPA spokesperson Luvuyo Mfaku declined to comment on Friday’s hearing.
Lawyers representing Varun Gupta‚ Ashua Chawla‚ Kamal Vasram‚ Ronica Ragavan and Nazeem Howa, who all worked for the Gupta business empire, have repeatedly argued that there is no solid evidence linking them to the alleged Estina scam.
Also facing charges are Free State agriculture department officials Peter Thebetha‚ Takisi Janki Masiteng and department of mineral resources chief of staff Sylvia Dlamini. They all face a number of charges, ranging from fraud and theft to corruption and money laundering.
On Wednesday, Hawks head Lt Gen Godfrey Lebeya told parliament’s portfolio committee on police that the unit is investigating cases where more than R40bn was plundered from state coffers, as a result of alleged state capture.
On the Estina investigation, he said the Hawks have obtained 302 bank account reports, as well as the statements of 139 witnesses.
Lebeya added that two search-and-seizure operations have been conducted and an auditing company procured to analyse the flow of funds linked to the alleged scam.