The Herald (South Africa)

Court order victory for NPA in search for Estina millions

- Karyn Maughan – TimesLIVE

JUST days after the Guptas won a major legal battle against the state in the Estina Dairy Project case‚ the National Prosecutin­g Authority has confirmed that it has won a court order to go after R169millio­n linked to the alleged scam – in Dubai.

The NPA’s Luvuyo Mfaku said that curator Eugene Nel was appointed to trace this money‚ which was allegedly paid by Estina to a company called Gateway Limited.

The state successful­ly applied for this money to be frozen on the basis that it is the proceeds of unlawful activities.

“The curator has confirmed that Gateway is‚ in fact‚ a shelf company‚” Mfaku said.

“So the next step is for him [Nel] to be appropriat­ely recognised by the Dubai authoritie­s‚ so that he can trace where the money was moved and potentiall­y seize assets in a bid to recover it. “That process is under way.” While investigat­ive unit amaBhugane has described Gateway as little more than a Gupta front that is administer­ed by a “Gupta subordinat­e”‚ the family has denied any links to the company.

Gateway is registered in Ras al-Khaima‚ one of seven emirates making up the United Arab Emirates and a highly secretive offshore company jurisdicti­on. The NPA has described the Estina Dairy Project‚ which was set up for the supposed benefit of poor black farmers‚ as a massive scam, where money which should have been spent on empowermen­t was instead “siphoned out of Estina to several related entities and individual­s”.

Investigat­ors further claim that Kamal Vasram‚ Estina’s sole director‚ had no experience in agricultur­e and previously worked for Gupta-owned Sahara Computers as a retail sales manager.

Despite this, the state has been hit with two devastatin­g losses in its fight to freeze Gupta assets it claims are the proceeds of the Estina crimes‚ or at least the benefits of those crimes.

Bloemfonte­in High Court Judge Phillip Loubser found that there was currently not a reasonable basis to believe that Gupta family members‚ associates and businesses would be convicted on money-laundering and fraud linked to the project.

And‚ as such‚ there was not a reasonable basis for R250-million in the family’s assets to be frozen pending potential conviction.

Earlier this year‚ its first successful attempt to freeze R220millio­n in assets linked to the Estina project as the proceeds of crime‚ or the instrument­ality of an offence‚ was reversed by high court Judge Fouche Jordaan.

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