Nothing wrong with removing Estina Dairy case from court roll: Expert

Legal analyst Inez Bezuidenhout says there is nothing sinister in a matter being struck off the court roll only to be reinstated at a later stage. Bezuidenhout was referring to the R280 million Estina Dairy corruption case that was struck off the roll by Judge Celeste Reinders of the Free State High Court on Wednesday.

Estina Vrede Dairy Farm | Matter struck off the roll

The judgment follows an application by the defence team to have the matter removed, citing undue delays.

Bezuidenhout says the court can strike the matter off the roll.

“Well, it is true to say that in a big case such as this, one would expect that state would have their house in order before they pursue a case like this. However, one must also realise the cost involved,” she said.

The National Prosecuting Authority (NPA) has vowed to challenge the decision by the Free State High Court.

The NPA’s Investigating Directorate (ID) will reinstate the Estina dairy farm case as soon as possible, after today’s decision by the Free State High Court to strike the matter off the court roll. pic.twitter.com/3cAj4kL5hC

— NPASouthAfrica (@NPA_Prosecutes) August 7, 2024

Bezuidenhout says the Free State High Court considered factors such as not prejudicing the state or the accused after Judge Celeste Reinders struck off the roll the R280 million Estina Dairy corruption case on Wednesday.

The accused include former department MEC Mosebenzi Zwane, Gupta Associates and linked companies. The lawyers of the accused argued in court that the matter be struck off the roll citing high costs the accused have to pay each time they appear in court.

“The court takes into account all the relevant factors to the situation. One would expect that however, that in this instance, that one can maybe say the fact the accused had not pleaded yet, means that the matter can be reinstated. In other words, just because the matter was struck off the roll doesn’t mean that the accuse is entitled to a verdict of acquittal or should be regarded as innocent in this instance. So, the state can bring matter again to court. It is not a permanent stay of prosecution when the court orders that the matter be struck of the roll in terms of section 342 B A.”