The R280 million Estina Dairy Farm case was struck off the roll by the Free State High Court due to the state’s delays and lack of readiness.
Story Summary:
- The R280 million Estina Dairy Farm case was struck off the roll by the Free State High Court.
- Defence lawyers argued that the state was not ready and had not provided full disclosure.
- Judge Celeste Reinders ruled the delays unreasonable, hindering a fair trial.
- The Estina Dairy Farm scandal involves alleged corruption linked to the Gupta family and misuse of funds intended for black farmers.
NPA mishandling forces court to strike off Estina case off the roll
The Free State High Court in Bloemfontein has struck the Estina Dairy Farm case off the roll following a defence application that highlighted the state’s lack of readiness and failure to provide full disclosure of its investigation.
Judge Celeste Reinders ruled that the delays in the case were unreasonable, stating that the trial could not proceed under such circumstances.
The defence argued that they had not been furnished with a five-terabyte hard drive containing essential information needed to prepare for the trial.
This delay has caused multiple postponements since the arrests of the accused in 2018 and rearrests in 2022.
Despite the state’s claim of readiness, the defence maintained that their access to the necessary information was inadequate, hampering their ability to ensure a fair trial.
Senior Counsel Michael Hellens, representing the defence, argued that the state was not ready for the trial and that the undue delay was unreasonable, necessitating the case’s removal from the roll.
Had the information been provided on time, efforts could have been made to prepare adequately, the defence argued.
Senior Counsel Advocate Willem Edeling also criticised the state for not being transparent with the defence, suggesting that the state should have informed them earlier about their inability to provide the information.
The State Prosecutor, Advocate George Baloyi, contended that the right to a speedy and fair trial applied to everyone and that the purpose of their submission was not to dismiss the defence’s arguments.
What you must know about the Estina Dairy Farm scandal
The Estina Dairy Farm scandal is a significant corruption case involving the misuse of funds intended for the empowerment of black farmers.
Established in 2012 on Krynaauwslust Farm near Vrede in the Free State Province, the project was a public-private partnership with Estina, a Black Economic Empowerment company.
The aim was to empower black farmers, but bank statements revealed that no payments were made to black beneficiaries.
Instead, the dairy farm was used as a shell to funnel money to India.
Allegations of corruption surfaced in mid-2013, with investigative journalism published by the Mail & Guardian newspaper exposing violations of Treasury rules and mismanagement.
The project was linked to the Gupta family and allies of then-President Jacob Zuma.
Reports alleged that R30 million in government funds intended for the project were laundered through Dubai and used to pay for the 2013 wedding ceremony of Vega Gupta at Sun City.
In January 2018, the Asset Forfeiture Unit of the National Prosecuting Authority took control of the farm, seizing R220 million that the Free State Department of Agriculture had paid to the Gupta family.
The Hawks raided the offices of the then-premier of the Free State Ace Magashule in connection with the project.
Charges were laid against two state officials and several associates of the Gupta family, although these charges were provisionally dropped later that year due to a lack of cooperation from authorities in India and the United Arab Emirates.
The scandal led to widespread criticism and legal challenges.
In February 2018, former Public Protector Busisiwe Mkhwebane released a report finding irregularities, gross negligence, and maladministration in the project.
However, the report was criticised for not investigating the alleged links between the project and the Gupta family.
The Democratic Alliance and the Council for the Advancement of the South African Constitution successfully applied to have Mkhwebane’s report declared unconstitutional and set aside by the Gauteng High Court.
