NPA defends delaying Estina dairy case

THE National Prosecuting Authority (NPA) defended its decision to provisionally drop criminal charges related to the Gupta-linked Estina dairy case, amid criticism over its competence.

The NPA said co-operation from the United Arab Emirates and India – where they were awaiting more evidence against the Guptas and their business associates – was slow.

The charges are related to the alleged theft of about R250million linked to the Estina dairy farm project in Vrede, Free State, meant for emerging black farmers.

The dropping of charges against the Guptas and their associates comes after the NPA failed to complete its investigation and the final indictment against the accused, who included former Oakbay chief executive Nazeem Howa, former Sahara Computers chief executive Ashu Chawla, Estina director Kamal Vasram, nephew of the Gupta brothers Varun Gupta and three government officials.

The matter was set to return to the Bloemfontein High Court on December4, where the state was expected to produce the final indictment.

Free State NPA spokesperson Phaladi Shuping said the inability to finalise the investigation against the Guptas was beyond the NPA’s control.

“The evidence that is not available for us to finalise the indictment is evidence that is not within our borders.

“The investigators will now work together with law enforcement agencies in India and the UAE to ensure we get the information that is outstanding and that we do not have at the moment, because it is not within our jurisdiction.

“We will put the matter back on the court roll once that evidence is made available,” Shuping said.

The DA in the Free State, which compiled a dossier containing a string of allegations of corruption in the province, and submitted them to the commission of inquiry into state capture – including the Estina matter – slammed the NPA for dropping the case.

The Guptas’ lawyer‚ Rudi Krause, confirmed receiving the letter, adding that he was preparing to brief the family.