ALSO READ: Estina/Vrede adjacent case back in FS High Court

The Deputy Judge President, Martha Mbhele, on Thursday 3 November 2022 made a ruling dismissing an application to compel the state to provide further particulars to the three accused. Accused 8, Ronica Rogavan, accused 7, Islandsite Investments, and accused 6, Denish Patel, argued the matter related to further particulars. Judge Mbhele says she was satisfied with the state's argument that it did provide enough and adequate particulars to the defence to enable them to organise and prepare for a fair trial.

ALSO READ - #Estina: Yet another postponement

However, the defence attorneys, including Advocate (Adv.) Kenny Oldwage and Senior Counsel (SC) Advocate (Adv.) Michael Hellens, told Judge Mbhele that they would be making a special entry. A special entry is made when applicants feel that there is an irregularity in the court proceedings which will then have the potential to infringe on the rights of the accused to have a fair trial.

Adv. Oldwage revealed that they also reserve their right to approach the Constitutional Court as far as the judgment is concerned, which failed to compel the state to release further particulars related to the accused.

"We have certainly considered the application and we are of the view that the judgment, and consequence of the order by this court today, results in an irregularity," Oldwage adds.

Meanwhile, state prosecutor Peter Serunye counter-argued the defence's claims that the judgment is irregular. He says the defence cannot deem the proceedings and the judgment irregular, solely because the judgment did not go their way. Serunye says the state is satisfied with Judge Mbhele's judgment. The matter has stood down to allow Judge Mbhele to rule on the special entry matter.

The state alleges in its papers in court that the accused, including Seipati Dlamini and Peter Thabethe, among others, conspired or colluded to divert funds earmarked for rural development in the Free State.

Eight accused, including Gupta associate Iqbal Sharma and others, face charges of fraud and money laundering whilst former government officials are also charged with contravening the Public Finance Management Act (PFMA).

According to the National Prosecuting Authority's (NPA) Investigative Directorate (ID) spokesperson, Sindisiwe Seboka, these funds were then placed at the disposal of the Gupta family. She says the R25 million was purportedly paid to Nulane Investments to conduct a feasibility study for the Free State Province’s flagship Mohoma Mobung initiative, on the basis that Nulane had unique skills to perform the work.

"Nulane Investments, however, had no employees on its books and, in fact, subcontracted Deloitte Ltd to produce the report, for which Deloitte was paid R1.5 million. The only change made to the Deloitte report was to identify Paras Diary as a suitable implementing partner for the development of a milk processing plant in Vrede," Seboka adds.

The case, which is still in its pretrial stage, is still battling to go beyond case management. The case management session is aimed at finalising the outstanding procedures ahead of the trial, scheduled from 23 January to 3 March 2023.

Mohoma Mobung is the Free State provincial government’s initiative in line with their Zero Hunger strategy.

OFM News previously reported that according to the state prosecutor, Jacyntha Witbooi, the Free State was one of the provinces often looted by the notorious Gupta family members and associates.

She said this whilst the R25 million feasibility study fraud and corruption case, related to the Estina case, was still in the Bloemfontein Magistrate's Court in June 2021.

The accused were granted bail, ranging from R10 000 to R500 000.

OFM News