State requests time to verify Gupta affiliate’s details

Sharma is one of the accused in the near R25 million Estina-adjacent case that returned to the news headlines last week. 

It was revealed during the afternoon proceedings that the Gupta affiliate’s legal team only forwarded what the state describes as a voluminous affidavit at the eleventh hour not providing enough time for them to verify key details such as Sharma’s offshore accounts. 

The former Transnet board member’s legal counsel, Advocate Stephanus Coetzee, argues that the conditions under which his client’s affidavit was taken down at the Bainsvlei police station outside Bloemfontein were less than ideal, delaying the forwarding of the legal document to the National Prosecuting Authority (NPA).

Sharma also only received his cell phone this morning, discovering an offshore account, which he subsequently declared to authorities. 

Coetzee stresses the matter is urgent and requests that they proceed with the application on Monday.

Magistrate Estelle de Lange agreed to both requests, resulting in the matter standing down for another hour. 

Serunye says the state first received Sharma’s unsigned affidavit without attachments on Sunday evening and then received the aforementioned attachments on Monday morning. 

Meanwhile, the businessman’s co-accused, former head of the Free State Agriculture Department, Peter Thabethe, was granted R10 000 bail earlier on Monday.  

This was despite the state’s persistent request for denial of bail on account that it will erode the public’s faith in the South African justice system. 

Magistrate De Lange said in her decision that the state’s view that granting bail will erode the public’s confidence in the justice system, is ruled by public perception and South African courts do not function based on public perception.

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She further adds that Thabethe is currently facing similar charges in the Bloemfontein High Court and has not evaded arrest or attempted to interfere with witnesses. A further indication as to why he should be released out on bail. 

The men’s co-accused, Limakatso Moorosi, and Seipati Dlamini, were granted R10 000 bail each on Thursday (3 June).

The accused were arrested in connection with a feasibility study of more than R24 million that took place in 2011 that was given to the Gupta-linked Nulane Investments to ascertain the feasibility of the Vrede Dairy Project under the "Mohoma Mobung" initiative.

Nulane Investments is owned by accused number 4 in the matter - Sharma. It’s alleged Nulane roped in Deloitte to conduct the feasibility study for the FS Agri Department, which they did for only R1,5 million. Nulane then subcontracted the work already carried out by Deloitte to Gateway Limited and paid them R19 million.

The state alleges the funds were laundered into various accounts thereafter.