State withdraws charges in Estina Dairy case

While the state provisionally withdrew charges against Gupta family members and business associates in the Estina Dairy case in early December, Phaladi Shuping, spokesperson for the National Prosecuting Authority (NPA) in the Free State, said that they could be reinstated if more evidence “crucial” to the successful prosecution of the case was obtained.

Farmer’s Weekly previously reported that eight suspects had been arrested, among them Varun Gupta, a nephew of the Indian-born Gupta brothers, Ajay, Atul and Rajesh. The charges were fraud; theft; conspiracy to commit fraud and theft; contravening the Public Finance Management Act; contravening the Companies Act; and contravening sections of the Prevention of Organised Crime Act. The case also included three companies.

The charges related to the investigation into the dairy project established near Vrede by the

Free State provincial government.

The accused first appeared in court in February and were released on bail.

Shuping said the NPA had not been able to obtain the information requested from authorities in India and the United Arab Emirates, and that it was thus decided to withdraw the charges as some of the evidence was not in the “jurisdiction” of the NPA. Commenting on the future of the Estina Dairy, Zimasa Leputla, the spokesperson of the provincial agriculture department, said the project would continue and the department had deployed officials with the necessary expertise, some of whom were working full time on the project, to ensure it was “fully operational”.

Meanwhile, Shuping said the outstanding evidence was crucial to the successful prosecution of the case. He said the NPA could reinstate prosecution once the investigation was finalised and the outstanding information obtained. – Sabrina Dean