Shaun blames Hawks for Estina arrests delay

It was besieged National Prosecuting Authority head-in-limbo Shaun Abrahams’ turn to be bombarded at a joint parliamentary committee meeting yesterday.

Members of the portfolio committee on justice and correctional services and the portfolio committee on police took turns to interrogate Abrahams – and acting Hawks head Lieutenant-General Yolisa Matakata – on a perceived lack of action pertaining to members of the Gupta family and the alleged R220 million Estina dairy farm fraud.

In a parliamentary hearing last week, Matakata claimed the NPA took months to give the go-ahead for the arrests of those allegedly involved: former Free State agriculture head Peter Thabethe, former chief financial officer of the department Seipati Dlamini; the department’s former general manager for district services Dr Takisi Masiteng; sole director of Estina Kamal Vasram; Sahara Computers CEO Ashu Chawla; former CEO of Gupta-owned Oakbay Nazeem Howa; Varun Gupta; and Oakbay CEO Ronica Ragavan.

Why so long, the committees asked Abrahams. In a nearly hourlong presentation, Abrahams said the investigation had not been finalised and there wasn’t enough evidence to make a prima facie case.

In essence, Abrahams denied the NPA had dragged its feet because the investigation had been divided into eight legs involving: Vytjie Mentor, Mcebisi Jonas, The New Age newspaper and the government contract investigation, Eskom and Tegeta, Transnet and Trillian, Denel and VR Laser, as well as offences registered against ANC Youth League leader Collen Maine, former president Jacob Zuma and Estina.

“In the space of approximately seven months, the joint prosecuting and investigating team has, inter alia, done the following: engaged in 24 formal meetings, received 90 dockets or enquiries relating to the various allegations, received seven investigative or forensic reports commissioned by National Treasury or civil society organisations, issued 373 section 205 subpoenas [for cellphone records], drafted and submitted requests for mutual legal assistance to eight countries and directly engaged with prosecuting authorities in seven of these countries,” Abrahams said.

The cases could take years to investigate and prosecute, he said, adding that the Asset Forfeiture Unit had identified 17 cases with asset forfeiture potential of R50 billion.

Regarding Estina, the investigation and preservation orders were “fast-tracked” so arrests could be made, said Abrahams.

Matakata had been misinformed and they were not at “loggerheads”. However, he had told her he was “deeply concerned” at the lack of progress on serious matters and “implored” her to assign additional resources to the cases.

Abrahams said he would have assigned a special director of prosecutions to assist her had she requested it. This apparently never happened, so it boiled down to Matakata blaming Abrahams who, in turn, was blaming her.

As for why the Guptas were flitting about Europe in their private jet instead of being in lockdown in South Africa, Abrahams said they were innocent until proven guilty.

The joint committees were not satisfied with the blame game and resolved to call the police and justice ministers to provide clarity.

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