SA will resubmit a request for the extradition of Atul and Rajesh Gupta from the United Arab Emirates (UAE) after its initial application was rejected earlier this year, rekindling hopes that the brothers may yet face justice locally.
Chrispin Phiri, spokesperson for minister of justice Ronald Lamola, made the announcement after a meeting between local and UAE prosecutors that led to the establishment of a task team to address issues of legal assistance and extradition.
In terms of an agreement between the justice ministers of the two countries, the team will meet on June 15 to process the extradition application afresh and additional mutual legal assistance from SA.
A statement by the justice ministry on Wednesday said Lamola met his UAE Abdullah Sultan bin Awad Al Nuaimi met in Abu Dhabi on Monday to discuss the Guptas’ extradition process. The financial intelligence centres of the two countries will review all the information required, the statement added.
“During the meeting minister Lamola expressed his concerns about the status of fugitives and the court's findings. He suggested measures that could be taken to facilitate successful extradition and emphasised that this is a matter of national interest for SA,” the statement reads.
“The UAE has put in place all the necessary measures to meet its international obligations and assist and support SA in its quest to bring justice to the Republic of South Africa and the UAE.”
The Gupta brothers were arrested in Dubai in June last year after Interpol issued a red notice requiring their arrest. They are wanted on charges of fraud and money laundering related to the R24.9m Nulane Investments case, which was dismissed by the Free State High Court earlier this year. The National Prosecuting Authority is appealing the decision.
The UAE court rejected SA’s initial extradition request in February but SA authorities were only made aware of the decision in April. The UAE court ruled that the Emirates had jurisdiction to prosecute the Guptas for money-laundering offences allegedly committed there and in SA.
Lamola indicated at the time that SA would appeal the court decision, which he said “flies in the face of assurances given by the UAE authorities”.
The Zondo commission of inquiry has recommended that criminal charges be laid against the Guptas.
The UAE ratified an extradition treaty with SA in April 2021, a move SA had hoped would lead to the return of the Guptas to face charges.
National director of public prosecutions Shamila Batohi has insisted that there was “nothing more” the National Prosecuting Authority could have done to get the brothers extradited given the existing protocols between the UAE and SA.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.