By Libuseng Nyaka
QWAQWA – National Prosecuting authority (NPA)’s spokesperson Mthunzi Mhaga has expressed disappointment with the removal from the court roll on August 7 2024, of the Estina Dairy Farm R280 million corruption case due to unjustified delays.
This comes after the matter was set for trial from August 5 to September 13, 2024.
When the matter could not proceed according to Mhaga it was struck off the roll following the defence’s application in terms of Section 342 A of the Criminal Procedure Act.
This section grants the court the authority to examine any delays in the completion of proceedings that it deems unreasonable.
If the court finds that the proceedings are unreasonably delayed and the accused has not yet entered a plea, it may direct that the case be removed from the roll. After removal, the prosecution cannot initiate new proceedings without the written consent of the Director of Public Prosecutions.
“The defence cited its inability to access the electronic version of the hard copies of the so-called Gupta leaked emails.
“It is disappointing because we have provided the defence with hard copies of the so called copies of Gupta leaks. What was outstanding was the electronic version. We are disappointed that the matter was struck off the roll because they had this information as early as last year so they could prepare for the trial,” Mhaga said in a television interview after the court sitting.
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 however said plans to reinstate the case are in the pipeline.
The case involved former Free State Agriculture MEC Mosebenzi Zwane and former top Agriculture officials, former Hod Peter Thabethe, Lenah Mohapi (55), a director of Superior Quality Trading, and Seipati Sylvia Dhlamini (49), the former chief financial officer of Free State department of agriculture and rural development.
All are out on bail. Their arrests are linked to a discovery made during investigation into Estina’s financial flow analysis exercise of the bank accounts, that there were irregularities and disguised payments to one of the officials.
According to a police statement, large amounts of money were allegedly deposited into a bank account belonging to the former Chief Financial Officer for the Free State Department of Agriculture and Rural Development.
