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The NPA's Investigating Directorate (ID) says it will reinstate the R280m Estina dairy farm fraud and corruption case as soon as possible.
This was after the Free State high court in Bloemfontein struck the matter off the roll on Wednesday. The trial was set for August 5 to September 13.
National Prosecuting Authority spokesperson Mthunzi Mhaga said that since Monday the state has been ready to proceed, with witnesses lined up.
The court’s decision followed an application by the defence for the case to be struck off the roll in terms of Section 342 A of the Criminal Procedure Act. The defence cited its inability to access the electronic version of the hard copies of the so-called “Gupta leaked emails”.
Section 342A empowers the court to investigate any delay in the completion of proceedings which appears to the court to be unreasonable. If the court finds the completion of proceedings is delayed unreasonably, it may — where the accused had not yet pleaded to the charge — order that the case be struck off the roll and the prosecution not be resumed or instituted anew without the written instruction of the director of public prosecutions.
Mhaga said as early as 2023, as part of the disclosure process the state had provided the defence with hard copies of the Gupta emails. He said on June 15 this year that the defence was provided with the electronic versions of the hard copies disclosed in early 2023.
“The state also made its own technical expert available to assist the defence in accessing the digital platform, should they experience any challenges,” Mhaga said.
He said the NPA will reflect further on Wednesday's decision.
“However, the NPA remains undeterred in the pursuit of this matter and will take all necessary steps to reinstate it.”
Among the accused is former Free State MEC Mosebenzi Zwane, former Sahara employee Ugeshni Govender, Islandsite former director Ronica Ragavan, Estina director Kamal Vasram, three other former Free State government officials and eight companies.
In addition to fraud and corruption, the accused were charged with contravening the Public Finance Management Act and money laundering.
The charges emanate from the alleged looting of the Free State department of agriculture through a company called Estina.
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