The sixth witness failed to control his emotions whilst being cross-examined by defence attorney Advocate Kenny Oldwage. 

Kenosi Thubisi (40) was testifying and shed light on some of the documents he signed before the alleged irregular payments of millions of rands were made to the Gupta Lieutenant Iqbal Sharma's company, Nulane Investments, in 2011. Thubisi, who was only appointed in 2012, told Judge Nompumelelo Gusha that a senior official at the department of agriculture's supply chain management, identified as Ntate Mofokeng, asked him to process and sign documents relating to a fee of R5 million to Nulane, despite it not being his competency.  

A nervous-looking Thubisi told Judge Gusha that he was asked to do so on the day a person or another official relevant to the job was absent. Thubisi admitted to completing some of the forms. Whilst giving testimony, the court had to adjourn for an early lunch to give Thubisi a moment to compose himself.

He also told judge Gusha that he did not write his affidavit and also could not remember a number of details related to some of the documents. Thubisi's emotional testimony forced Judge Gush to temporarily adjourn the matter twice during the day. As if this was not enough, Thubisi started tearing up during Advocate Oldwage's cross-examining of his confused testimony. Thubisi was accused of remembering only a few key details which would help or aid his testimony. 

On Monday 30 January 2023, the state prosecutors Advocate Jacyntha Witbooi and Advocate Peter Serunye called three more witnesses to testify in the adjacent trial.

ALSO READ: Three more witnesses called in Estina adjacent trial

The current director of the department's finance section, Sekotoane Moalosi, was the first official on the stand on Monday 31 January 2023 and gave a detailed view of what had transpired during payment processes to the company in question.

The second witness on the day, after Moalosi, was Selloane Motsumi, who started as an intern at the department in 2008 and was appointed in June 2011. This was the year when most payments were made to the company in question. She told the court that she also worked at the finance department and had also signed some documents before they were processed and finalised by other units or sections.

Motsumi confirmed some of the documents which Moalosi had spoken about in court.

The state is set to call more witnesses.

The case is based on allegations that R24.9 million was paid to Nulane Investments to conduct a feasibility study for the Free State Province’s flagship Mohoma Mobung project, on the basis that Nulane had unique skills to perform the work. The state alleged that Nulane Investments, however, had no employees on its books and in fact subcontracted Deloitte to produce the report, for which Deloitte was paid R1.5 million. It’s alleged that the only change made to the Deloitte report was to identify Paras Dairy as a suitable implementing partner for the development of a milk processing plant in Vrede.

Free State government officials and service providers stand accused of looting and stealing millions from the Free State Agriculture Department. It's alleged that officials – including Peter Mbana Thabethe, Seipati Dhlamini, and Limakatso Moorosi – allowed an illegal upfront payment of R12 million with no proper documents.

It's also alleged that the department later paid the rest of the money, amounting to R24.9 million, for a feasibility study.

The companies indicted are Nulane Investments 204 Pty Ltd. and Islandsite Investment One Hundred and Eighty Pty Ltd.

In 2021, during the bail hearing of some of the suspects at the Bloemfontein Magistrate's Court, Advocate Witbooi revealed that the Free State was one of the provinces often looted by the notorious Gupta family members and associates.

ALSO READ: Free State 'often looted by Guptas'

The trial is expected to be concluded on 3 March 2023.

OFM News