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Shock as Gupta extraditio­n bid fails

- JANINE MOODLEY janine.moodley@inl.co.za

CIVIL rights organisati­ons were disappoint­ed after the UAE dismissed South Africa’s request to extradite the Gupta brothers, Rajesh and Atul.

They are wanted by South African authoritie­s for money laundering and fraud.

In June 2021, the UAE ratified an extraditio­n treaty with South Africa, which would allow for the brothers to be brought back to the country.

A year later, following an Interpol red notice, the Dubai police arrested them at their home in Emirates Hill, Dubai.

At the time, the UAE’s justice minister confirmed an extraditio­n request from the South African government was being processed.

But South African authoritie­s said they were shocked to receive news the extraditio­n request was denied.

Judgment on the matter was made in February, but local authoritie­s were only made aware last week.

Ronald Lamola, the Minister of Justice, spoke of the developmen­t on Friday. He said the Guptas appeared in court in the UAE on February 13 without South Africa being notified.

Lamola said they had engaged with Emirati authoritie­s several times and, in October, asked the presiding judge and prosecutor to keep the department abreast of developmen­ts.

He said the country had asked for updates in February and March, but none were given until Thursday at 8pm through a note verbale (diplomatic note) via the South African embassy in Abu Dhabi. The note, he said, was in Arabic, and the department had to work overnight to translate the judgment summary provided.

“We learnt with shock and dismay that the extraditio­n hearing had been concluded in the UAE courts, and our extraditio­n requests were unsuccessf­ul.

“The court found out that on the charge of money laundering, the crime in question was alleged to have been

committed in UAE and in South Africa. In terms of the federal laws in the UAE, extraditio­n can be denied because the UAE has the jurisdicti­on to prosecute the crime.

“On the charge of fraud, the court found out that the arrest warrant relating to this charge was cancelled. The reasons for denying our request are of a technical nature and fly in the face of assurances given by the UAE authoritie­s.”

He said the action was inconsiste­nt with Article 17 of the United Nations

Convention Against Corruption, to which both countries were signatorie­s.

“Article 17 places a clear requiremen­t on state parties to obtain clarity on specific matters before refusing an extraditio­n request.”

He said a full copy of the judgment had been requested and that South Africa would work with the UAE to appeal the decision.

Shamila Batohi, the head of the National Prosecutin­g Authority (NPA), said they would need to study the judgment and then decide on their options.

Batohi said the red notice which was issued against the Guptas would have lapsed once the warrant of arrest had lapsed and been executed.

She said an applicatio­n for new red notices would have to be made.

‘’Corruption fights back. They (in reference to the Guptas) are going to fight back with every possible means to make sure they are not brought back to South Africa,’’ she said.

During the briefing, the NPA and justice department were told by journalist­s that there was news that the Guptas flew to Switzerlan­d with their South African passports and applied for asylum in several countries.

It has also been reported that the Guptas were spotted in Switzerlan­d and the Central African Republic.

Advocate Doctor Mashabane, the director-general of the Justice and Correction­al Services Department, said they could not confirm the informatio­n.

“We have not been informed by those countries where they are said to be applying for asylum.”

He, however, confirmed the department recently learnt the Guptas were citizens of Vanuatu, an archipelag­o of small islands in the South Pacific Ocean.

Neeshan Balton, the director of the Ahmed Kathrada Foundation, said: “I am angry as many people would be, but it is also something that deep down we thought would happen.

“When the Gupta brothers were arrested, we thought our work had reached a conclusion, only to find that the commitment­s made by the justice department, as well as the UAE, have all fallen short of expectatio­ns.”

Yashica Padia, the spokespers­on for the Active Citizens Movement, said the news was disappoint­ing and concerning.

“We are not convinced that the Department of Justice and Correction­al Services, Department of Internatio­nal Relations and Cooperatio­n, and the NPA executed their tasks diligently.

“We are calling upon the government to immediatel­y engage with the UAE government to establish all the facts related to this unsuccessf­ul extraditio­n and then set in process the issuing of another red notice to have them brought back to South Africa.

‘’We hope that the government will take swift and decisive action to ensure that those who have been implicated in corruption and state capture will be held accountabl­e for their actions.”

Karam Singh, the director of Corruption Watch, said: “This is incredibly disappoint­ing news. It seems SA has not received the support and co-operation from authoritie­s in the UAE, as had been envisioned and represente­d.

“The chances of the Guptas facing justice in South Africa now seem increasing­ly remote, and this is a travesty of justice.”

Meanwhile, Rajesh Sundaram, a former ANN7 editor who worked with the Gupta family in South Africa, said the process of extraditin­g billionair­e fugitives was seldom quick or easy.

“While this is a setback, I am sure South Africa’s appeal will be forceful and compelling. I am sure the people accused of looting the South African taxpayers will face the country’s courts one day.

“The world is watching the UAE. The robustness of its legal system and the proprietar­y of its financial processes are under close scrutiny. The Financial Action Task Force has the UAE on its greylist.

“The UAE cannot afford to be seen as a safe haven for fugitive criminals.”

 ?? ?? Rajesh Sundaram
Rajesh Sundaram
 ?? ?? Neeshan Balton
Neeshan Balton
 ?? ?? Yashica Padia
Yashica Padia
 ?? ?? Rajesh Gupta
Rajesh Gupta
 ?? ?? Karam Singh
Karam Singh
 ?? ?? Atul Gupta
Atul Gupta

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