NPA says it will reinstate R280m Estina dairy case

The National Prosecuting Authority’s (NPA) Investigating Directorate (ID) says it will reinstate the R280m Estina dairy farm fraud and corruption case as soon as possible.

This was after the high court in Bloemfontein struck the matter off the roll on Wednesday. The trial was set for August 5 to September 13.

NPA spokesperson Mthunzi Mhaga said the state had been ready to proceed, with witnesses lined up, since Monday.

The court’s decision followed an application by the defence for the case to be struck off the roll in terms of Section 342 A of the Criminal Procedure Act. The defence cited its inability to access the electronic version of the hard copies of the “Gupta leaked emails”.

Section 342A empowers the court to investigate any delay in the completion of proceedings that the court considers unreasonable. If the court finds the completion of proceedings has been delayed unreasonably, it may — where the accused had not yet pleaded to the charge — order that the case be struck off the roll and the prosecution not be resumed or instituted anew without the written instruction of the director of public prosecutions.

Mhaga said that in 2023, as part of the disclosure process, the state had provided the defence with hard copies of the Gupta emails. He said on June 15 2024 the defence was provided with the electronic versions of the hard copies disclosed in early 2023.

“The state also made its own technical expert available to assist the defence in accessing the digital platform, should they experience any challenges,” Mhaga said.

He said the NPA would reflect further on Wednesday’s decision.

“However, the NPA remains undeterred in the pursuit of this matter and will take all necessary steps to reinstate it.”

Former Free State MEC Mosebenzi Zwane, former Sahara employee Ugeshni Govender, Islandsite former director Ronica Ragavan, Estina director Kamal Vasram, three other former Free State government officials and eight companies are among the accused.

In addition to fraud and corruption, the accused were charged with contravening the Public Finance Management Act and money-laundering.

The charges emanate from the alleged looting of the Free State department of agriculture through a company called Estina.

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