A 'criminal indictment' against the three Gupta brothers and Mineral Resources Minister Mosebenzi Zwane, which was circulated to the media on Monday, was in fact drafted by former National Prosecuting Authority (NPA) prosecutor and Democratic Alliance (DA) MP Glynnis Breytenbach as a "guideline for the Hawks".

"The indictment was drafted for the Hawks as a guideline… It was drafted by me," Breytenbach said on Monday.

"It is meant to give direction to the investigation of the Hawks… with all the supporting documentation of the Gupta Leaks," she said.

It was not immediately clear if this indictment was the same one the Sunday Times used for its front page story this past weekend.

Sunday Times editor Bongani Siqoko said they needed time to go through all the information.

"I was just made aware of the [indictment] that has been circulated. I will comment at a later stage."

'Not given as an official indictment'

Breytenbach said the indictment "was never given to anybody as an official indictment" and that those who reported on an indictment this past weekend didn’t get it from the DA.

Breytenbach said it was not her "duty to run around and check" what other newspapers report on.

NPA spokesperson Luvuyo Mfaku confirmed the document was not drafted by them.

"That is not NPA. We are professionals, we don’t do stuff like that. It is not NPA," he said.

"I am not chatting about anything. I do not want to engage about it… We were angry yesterday (Sunday) and the Hawks made it clear that they were still investigating people," Mfaku said.

On Sunday, Mfaku told News24 there was "no finalised indictment" and that the "investigation [was] not fully completed".

Probe is ongoing

He said evidence was still being collected and therefore, the completion of charges could not be possible at this stage.

Hawks spokesperson Brigadier Hangwani Mulaudzi told News24 on Sunday that it did not discuss ongoing investigations.

The Sunday Times reported that Zwane, along with Atul, Rajesh and Ajay Gupta were to be charged with money laundering in a matter of weeks.

The Hawks are currently investigating allegations that R220-million in fraud had been committed in connection with a dairy project in Vrede in the Free State, which was meant to empower small black farmers.

On Friday, the office of Free State Premier Ace Magashule and the provincial office of the Department of Agriculture were raided by the Hawks.

Last week, News24 revealed that the Krynaauwslust farm near Vrede, was placed under curatorship.

The Free State agricultural department – then under Zwane – allegedly paid R220-million to the Guptas in what the Asset Forfeiture Unit calls a "scheme designed to defraud and steal monies from the department".

One hundred black emerging farmers were allegedly promised five cows each as part of the empowerment scheme, but never received them.

Gifted to the Gupta-linked Estina in 2013 under a free 99-year lease by the provincial agriculture department, the farm is said to be one of the most scandalous transactions between the Guptas and a government entity.

Gupta Leaks revealed last year how at least R30-million paid to the Guptas via the farm ended up funding the family's lavish Sun City wedding in 2013.