The National Prosecuting Authority (NPA) has backtracked on its statement that Interpol issued a red notice, which authorises law enforcement around the world to locate four Gupta family members and hand them over to SA authorities.
On Monday, the NPA’s head of the Investigating Directorate, Hermione Cronje, issued a statement erroneously saying that the international anti-crime body had issued its most severe alert for eight suspects, including Atul and Rajesh Gupta and their wives.
They are wanted in connection with alleged fraud of R25m in connection with the failed Estina Dairy Project in Vrede, Free State.
However, Interpol has only issued four notices: for Ankit Jain, a former Nulane Investment signatory for its Bank of Baroda account; Ravindra Nath, a director of Wone Management; and Ramesh Bhat and Jagdish Parekh, the directors of Pragat Investments.
Known as a Red Notice, it is issued “for fugitives wanted either for prosecution or to serve a sentence”, according to a statement on the Interpol website.
The NPA said in a statement: “It is correct that red notices have been issued for circulation among law enforcement entities of Interpol member states in respect of four of the eight accused in the case of the Vrede matter at the Bloemfontein regional court.”
However, the NPA’s request to Interpol to issue red notices for Atul and Rajesh Gupta and their wives, Arthi and Chetali Gupta, is still under consideration by the Commission for the Control of Interpol Files. The commission is an independent legal body that ensures all personal data processed through Interpol’s channels conforms to the Interpol constitution, which “prohibits any intervention or activities of a political, military, religious or racial character”.
The four are understood to be based in the United Arab Emirates and India.
Atul Gupta and his younger brother, Rajesh “Tony” Gupta, are among three Gupta brothers who established a close relationship with former president Jacob Zuma. They formed businesses with the then-president’s son, Duduzane Zuma, who acted as their B-BBEE partner in business ventures from media to mining.
“He’s my guy,” Duduzane Zuma said of Tony Gupta when he testified before Deputy Chief Justice Raymond Zondo in October 2018. “Mr Tony Gupta is a business partner of mine and he is also a very dear and close friend.”
On Monday, the ID’s case was transferred from the Bloemfontein regional court to the Bloemfontein high court, with a trial date set for September 6. The current accused, who are based in SA, were absent from proceedings in the light of Covid-19 regulations under lockdown level 4.
The accused face charges including fraud and money laundering, with former Free State provincial government officials accused of contravening the Public Finance Management Act (PFMA). They are Gupta business ally and former Transnet board member Iqbal Sharma; Nulane Investment 204 representative Dinesh Patel; former Free State rural development head Peter Thabete; former Free State agriculture head Limakatso Moorosi; and former Free State agriculture CFO Seipati Dhlamini.
“Warrants against the accused out on bail will be issued yet stayed until the next appearance,” said ID spokesperson Sindisiwe Seboka. “Iqbal Sharma, on the other hand will continue to be incarcerated as he was not granted bail last month.”
Seboka said the case concerned alleged procurement fraud involving R24.9m, which the Free State agriculture department paid between November 2011 and April 2012 to Nulane Investment 204, which is owned by Seboka said Sharma.
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