NPA to provisionally withdraw charges against Gupta-linked associates
A lack of communication seems to have hampered investigations.
Dairy cows on the farm during a site visit by the DA. Picture: Neil McCartney
The individuals charged with theft, fraud, and conspiracy to commit fraud, among other charges, can breathe a sigh of relief now that the National Prosecuting Authority (NPA) had revealed that it would be provisionally withdrawing the charges levelled against them.
According to a Business Day report, a letter sent to the Guptas’ legal representation by the NPA stated that “the state intends to provisionally withdraw charges against the accused on December 4” as the state has not yet received information regarding the mutual legal assistance requests made to India and the United Arab Emirates.
Letter from NPA to lawyers for Gupta family members, associates – confirming that #Estina prosecution will be provisionally withdrawn on 4 December.
State still struggling to get evidence it needs from India, UAE. pic.twitter.com/V6hwnGwEx4— Karyn Maughan (@karynmaughan) November 28, 2018
The lack of a response from both nations means that investigations have not yet been finalised in time for the next court date which was set for December 4.
Speaking to the publication, NPA spokesperson Luvuyo Mfaku said that this did not mean that the case was dead and indicated that the state intended to reinstate the prosecution as soon as their investigation had been finalised.
The NPA had to withdraw the charges as their Friday (November 30) deadline to hand over their finalised docket was fast approaching.
Three Free State provincial government officials Peter Thabethe, Sylvia Dlamini, and Takisi Masiteng, as well as nephew of the Gupta brothers Varun Gupta, former Oakbay CEO Nazeem Howa, Estina director Kamal Vasram, and former Sahara Computers CEO Ashu Chawla were facing charges of fraud, theft, conspiracy to commit fraud and theft, contravening the Public Finance Management Act, contravening the Companies Act, and contravening sections of the Prevention of Organised Crime Act.
This comes after they allegedly defrauded the Estina Dairy Farm in the Free State of R200 million.
The Bloemfontein Magistrate’s Court postponed the Estina fraud case and refused to strike it off the roll back in August.
According to reports, the state had applied for a postponement.
Magistrate Collen Nekosi criticised the state for delaying finalisation of the case, and ordered that by November 30, the state should provide all the accused with a finalised case docket and indictment.
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