Extradition of Guptas still up in air
LAW enforcement agencies have not yet extradited the Guptas to South Africa despite Parliament approving the Extradition and Mutual Legal Assistance Treaty with the United Arab Emirates.
But the Hawks said yesterday the extradition would not happen until the investigations had been completed.
The National Assembly approved the Extradition and Mutual Legal Assistance Treaty with the UAE late last year after all parties unanimously backed the treaty.
The National Prosecuting Authority could not be reached for comment yesterday.
But the Hawks said the investigations into the cases against the family had not been completed.
Hawks spokesperson Brigadier Hangwani Mulaudzi said they did not have a time frame as to when the extradition process would begin, but the head of the unit, Lieutenant-General Godfrey Lebeya, has said he wanted all the investigations to be completed.
Mulaudzi said that when the cases were brought to court they must have all the elements of prosecution as they did not want to prosecute on a piecemeal basis.
The rule of speciality, which is applied in terms of international law, did not allow the extradition of a person for investigation purposes, Mulaudzi said.
“The rule of speciality, in terms of international law, says you cannot extradite any person to investigate.
“You extradite to prosecute,” said Mulaudzi. This would mean that for people to be extradited the State must have all the evidence for prosecution.
MPs late last year also asked Lebeya about the progress made in bringing the Guptas back to South Africa for prosecution.
At the time, Lebeya said there was progress in the matter, but he did not give a time frame as to when these would be finalised to haul the Guptas back to the country.
Law enforcement agencies have been under pressure for several months to extradite the Guptas after it emerged they had left the country for Dubai early last year.
The family members have been accused of state capture, but they have denied the allegations.