Judge Nompumelelo Gusha acquitted all suspects in the trial, including the so-called Gupta Lieutenant Iqbal Sharma, his company Nulane Investments, and former government officials, including Peter Mbana Thabethe and Limakatso Moorosi.  

They were charged with fraud, money laundering, and contravening the Public Finance Management Act (PFMA), among other charges. 

The National Prosecuting Authority's (NPA) Investigating Directorate's (ID) spokesperson, Sindisiwe Seboka, told OFM News they will be reflecting on the judgment with a view to determine legal avenues to explore. Seboka added that the Estina adjacent trial outcome has no bearing on their ability to prosecute other state capture cases.

"We remain resolute in our commitment and ability to vigorously prosecute those responsible for state capture and corruption. The NPA hopes that the legislative process to make the ID a permanent entity with expanded criminal investigative powers will be finalised expeditiously," Seboka added.

In her 39-page judgment of over an hour, Judge Gusha pulled no punches towards the police investigations and the manner in which they held the evidence. She also said the evidence of state witnesses failed to help the state's case.

Judge Gusha lamented the testimony of Shadrack Cezula in particular, who gave his testimony as a section-204 witness in court. She declined to give him an indemnity as Cezula failed to incriminate himself as required by law when a section 204 witness testifies in court.

She said the police's investigation into fraud, corruption, and money laundering was the comedy of errors of the millennium.

This was the second blow to the state after she earlier in February dismissed some of the evidence led by prosecutors Adv. Peter Serunye and Adv. Jacyntha Witbooi.

Judge Gusha ruled that some of the documents produced in court as evidence failed to pass the tests of originality and authenticity.  

ALSO READ: Evidence against Gupta associates ruled as inadmissible

She made reference to the documents from the so-called Gupta lieutenant Iqbal Sharma's Nulane Investments company, including the R8 million tax invoice, a contract between the Agriculture Department and Nulane, and also Delloite's due diligence report.

Judge Gusha ruled the Nulane tax invoice and the department's deviation document, crafted by Shadrack Cezule, were admissible but the contract between the department and Nulane, and a due diligence report were ruled inadmissible. Judge Gusha said all the evidence the state came to rely upon to prove the authenticity, came to nothing.

It was also heard during the proceedings that millions of rands, allegedly looted from the Free State Agriculture Department, could not be fully traced because they were pushed around to different bank accounts by suspects accused of varying crimes in the R25 million Estina adjacent trial.

The case was 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.

OFM News