Shock as Gupta extradition bid fails
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.”