The defence has thus far managed to set a tone against charges levelled against the accused, which includes former government officials accused of colluding with the so-called Gupta associate Iqbal Sharma's Nulane Investments company to steal millions of rands from state coffers.

The defence attorneys, including Adv. Kenny Oldwage and Adv. Daniel Mantsha, have accused several state witnesses of colluding with the state to push a certain agenda and narrative against the suspects. 

This came after at least two state witnesses and former Deloitte employees admitted to contacting each other or other witnesses lined up to testify in court during cross-examination.

On Monday, former Deloitte director Omri van Zyl told the court that he had contact with at least two lined-up witnesses and on Tuesday, former Deloitte project manager Wallace Herman Botha also admitted to having had contact with Van Zyl about his testimony. 

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Adv. Oldwage has also questioned inconsistencies in witnesses' testimonies. 

While being cross-examined on Tuesday, Botha, who told the court that he was nervous, said he worked on the Free State Agriculture Department project Mohuma Mobung with Nulane Investments in 2011. 

He denied that he was involved in any alleged wrongdoing. He was accused of lying after the defence pointed out the inconsistencies in his testimony. In his affidavit, he failed to specify when work on the project began and only did so when giving testimony on the witness stand.

In his affidavit, he also said he never attended a meeting with departmental officials in Bloemfontein but only mentioned that when giving testimony in court.

Adv. Oldwage then accused him of colluding with other witnesses like Van Zyl, about whom it has now come to light that he sent Botha a document containing emails from previous conversations with accused no 6, Denish Patel, to jog Botha's memory about his testimony.

Botha and Van Zyl, both former Deloitte employees, have mentioned in court that the R25 million that the department paid to Nulane was far too high for a project lasting two to three months.

On Monday, Van Zyl explained to Judge Nompumelelo Gusha that the fee charged for the private sector is much higher than for government parastatals. Van Zyl also added that when dealing with municipalities, they charge according to the Auditor-General's (AG) fee structure. 

The defence has also questioned the motives and conduct of the investigating officers. They have put it before the court that the officers coerced and coached witnesses to testify in favour of the state. 

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So far, the state has called 12 witnesses to give testimony in court, and it is expected that more will be called up during the course of the trial. 

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, however, had no employees on its books and, in fact, subcontracted Deloitte to produce the report. 

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.

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

OFM News