UAE has co-operated in NPA’s Estina dairy probe
The National Prosecuting Authority’s (NPA’s) investigative directorate, which was set up to investigate and prosecute cases of corruption, has received cooperation from the United Arab Emirates (UAE) in its pursuit of those who allegedly benefited from the Estina corruption case.
They include the Guptas, who are understood to live in Dubai. The state alleges that about R250m that was meant to benefit poor farmers at the dairy farm in Vrede, Free State, was siphoned off to Gupta-owned firms. Some of it was allegedly used to pay for an extravagant family wedding at Sun City.
The UAE has not yet ratified an extradition treaty agreed to with SA that would allow for the extradition of the Guptas to face corruption charges in SA.
The head of the NPA’s investigative directorate, Hermione Cronje, told parliament’s justice and correctional service committee on Friday that the cooperation so far received from the UAE has had “an impact on the scope of the charges and the scope of the accused persons that we are intending to bring to court, but we are still awaiting further assistance from the UAE.
“Assistance has been promised and we have had a first instalment and we are awaiting further instalments. But we are also at an advanced stage of procuring alternative evidence,” she said.
“Now that we have had a measure of evidence made available to us, we are determined — again with the co-operation and assistance of the executive — to get the evidence that we need so that we have the full scope of those who were responsible in that matter before court,” said Cronje.
The investigative directorate — established a year ago — has faced criticism for not having brought enough high-profile corruption cases to court, and there has been pressure on it to go after “low-hanging fruit” to demonstrate that those involved in graft will be prosecuted.
Cronje told MPs the problem with low-hanging fruit was that “it will cause grave dissatisfaction if lower-level officials are targeted and we don’t get at the people we were set up to get at. To get at those people — in other words, the people who don’t have their hands dirty in the award of contracts but who are benefiting and orchestrating behind the scenes — there are critical pieces of evidence you need — cellphone communications, e-mail communications and obviously bank statements and [to go] after the money all around the world.”
To get this type of evidence regarding the Estina dairy case requires further co-operation from the UAE.
Cronje told MPs that four accused have appeared in court regarding corruption by Bosasa (renamed Africa Global Operations, now in liquidation), but the bid to bring a fifth suspect from abroad was curtailed by the travel restrictions imposed by the Covid-19 lockdown.
She said a number of prosecutions in the second phase of the Bosasa investigation that relate to the allegations made at the Zondo commission are ready to be instituted. Two were meant to be instituted during the lockdown period.
While the courts are open and the directorate is ready to approach the court, there are logistical impediments.
“As we move to more eased Covid-19 restrictions, we will be able to put on the roll matters that have been prepared.”
In her presentation on the NPA’s strategic plan, national director of public prosecutions Shamila Batohi emphasised the importance of enhancing the credibility of the NPA that was severely damaged during the years of state capture under former president Jacob Zuma.
She said lifestyle audits would be conducted of herself and all top-level senior managers and unit heads. An office of complaints and ethics will also be established.
Department of justice acting director-general Jacob Skosana told the committee staff of the Zondo commission, which was set up to investigate state capture, have used the lockdown period to study the huge amount of evidence they had received so far. Investigators have continued to work behind the scenes.
Hearings will restart in September and October, assuming the lockdown level at the time allows it. The commission has been given until the end of March next year to wrap up.