The NPA opposes Gupta-linked entities' and Atul Gupta's application in the Bloemfontein High Court challenging the freezing of R10 million from his personal bank account. 

Ntimutse’s comments come after the applicants in the matter poked holes in the NPA’s case yesterday. 

Advocate Luc Spiller, representing the Bank of Baroda, said the court documents showed that money was transferred from Estina to other banks, but the money of those banks wasn’t frozen, making the order against the Bank of Baroda unfair. 

In reaction to this, Ntimutse said although state funds intended for the farm may also have gone through other banks in South Africa, Bank of Baroda has a single current account into which all funds are paid so that legal and illegal money co-mingles. 

He said “we cannot divorce proceeds of crime from the legitimate money”. He further added that the Bank of Baroda conducts its banking in a highly suspect manner. He said the bank had effectively facilitated money laundering, speaking on Estina’s transfer of funds into the Bank of Baroda after the project had received the money from the Free State Department of Agriculture. 

This money was alleged to have been later transferred out of the Bank of Baroda into the accounts of the accused. The acting National Director of Public Prosecutions Motlalekhotso Knorx Molelle’s affidavit states “the totality of the evidence demonstrates that the source and origins of the property was derived through a series of unlawful and criminal activities, namely theft, fraud and money laundering”. 

Molelle said he was opposing the application because there was a “substantial body of evidence that had been advanced through investigations”. Rafik Bhana for Atul Gupta and Michael Hellens for Gupta linked entities have reiterated there is no evidence that shows a direct transfer from Estina’s bank account into the affected parties’ accounts.

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