This is according to the state prosecutor, Jacyntha Witbooi, in the R24 million feasibility study fraud and corruption case related to Estina, currently playing out in the Bloemfontein Magistrate's Court. 

Three former senior government officials and one Gupta associate are in court for allegedly aiding Iqbal Meer Sharma to steal millions of rands meant for poverty alleviation from the public purse through an illegal procurement deal. 

Last week, the leading prosecutor, Peter Serunye, informed Magistrate Estelle de Lange that - from the testimonies in the state capture commission - it came to the fore that the Gupta family accumulated R49 billion in the country and R25 million looted from the study was just a portion of it. Meanwhile, Magistrate De Lange granted Thabethe, Dlamini, and Bloem Water Chief Executive Officer (CEO), Limakatso Moorosi, R10 000 bail, whilst Sharma’s bail proceedings are set to resume Monday afternoon.

Magistrate De Lange says the state’s view, that granting bail will erode the public’s confidence in the justice system, is ruled by public perception and South African courts do not function based on public perception.

She said the bail application process does not discriminate between the poor and the rich. De Lange also said that, so far, the state has not yet proven its argument beyond reasonable doubt that there is evidence that the accused might jeopardise the investigations. “All the grounds raised by the state in order to oppose bail, are based on the public perception. The court may not allow public perception to erode the court decisions. One must remember that bail is not a punishment. The situation would have been different if the accused was out on bail on a similar matter and committed this offence,” she adds.

The state maintains that Thabethe, Dlamini, and Moorosi, whilst in their senior positions in 2011, used their positions to abuse the Department of Agriculture's trust in them.

They allegedly flaunted the Public Finance Management Act (PFMA) by not following due process during the illegal deal between Nulane Investment, the company owned by Gupta associate, Sharma.

So far, two Estina adjacent cases are before the South African court of law. One is currently in the Bloemfontein Magistrate's Court whilst another one - Rekgonne - is in Free State High Court for trial.

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