SA sends extradition request for Gupta brothers, but process ‘could take several months’

The South African government has officially submitted its extradition request for Rajesh and Atul Gupta following their arrest in the United Arab Emirates (UAE) last month.

The Guptas brothers were reportedly arrested on 3 June, although this was only confirmed by Department of Justice and Correctional Services (JCS) on 6 June.

The authorities in South Africa had been in talks with the UAE for the extradition of the brothers so they could stand trial on fraud charges.

The brothers have been charged in the R24.9 million Nulane Investment case in the Free State, which will go on trial from 23 January 2023 until 3 March 2023.

They have also been charged in connection to Estina Dairy project case.

60 days

Addressing the media on Monday, 25 July, Justice Minister Ronald Lamola confirmed that the South African government and the UAE had ratified an international agreement to extradite the brothers.

“On 18 July 2022, a request was received from the National Director of Public Prosecutions [NDPP] from the Republic of South Africa for the extradition of the Guptas from United Arab Emirates to stand trial on charges of fraud, money laundering and corruption.

“The request is made in accordance with the extradition treaty between South Africa and the UAE as well as the United Nations Convention Against Corruption [UNCAC], which is a multi-lateral international convention,” he said.

READ MORE: Bringing Guptas to justice for state capture will take years – expert

Lamola also revealed that the extradition request has since been sent to the UAE.

“We can confirm that the extradition request has duly been submitted to the United Arab Emirates Central Authority today.

“We can also confirm that this is within the 60 day period the Republic of South Africa was expected to submit the request in terms of the treaty,” he said.

The Agreements on Mutual Legal Assistance (MLA) in Criminal Matters and Extradition between South Africa and the Middle Eastern country was initially signed in 2018.

‘Milestone’

NDPP Shamila Batohi hailed the request for the extradition of the Gupta brothers as “an important milestone”.

“The submission of the formal application request for the arrest and extradition of the Gupta brothers is an important milestone in the NPA’s commitment to hold accountable perpetrators of state capture and uphold the rule of law.

“It reaffirms our resolve to be the lawyers of the people and seek collective justice for our country,” Batohi said.

ALSO READ: Claims they’re bungling Guptas’ extradition process nothing but political noise, say NPA

However, this process for the Guptas “could take several months”.

“As this process unfolds, and the extradition application is heard in UAE courts, the NPA will continue to collaborate and support its counterparts in the UAE to ensure that the Gupta brothers are extradited to face justice in South Africa.

“Whereas this process could take several months, as the NPA we will continue with our commitment to deliver for impact. The country demands this of us, and we are ready to keep moving to bring justice,” she concluded.

Red notice

Interpol previously issued Red Notices for the infamous Gupta brothers earlier this year, which was confirmed by the National Prosecuting Authority (NPA).

However, the notices for the wives, Chetali and Arti Gupta, were withdrawn, News24 reported at the time.

The Red Notices – which are issued for fugitives wanted either for prosecution or to serve a sentence – had been distributed among law enforcement entities of Interpol member states in July 2021 for the brothers, their spouses and four others.

The Guptas and their family members fled the country in 2018 to the UAE after law enforcement agencies ramped up their investigations into allegations of state capture.

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