Indian authorities raid on Gupta homes show SA making progress – analyst

International law expert Professor Andre Thomashausen expressed confidence that the latest raid by Indian authorities on the Gupta properties shows that South Africa is making some headway in their pursuit of the Gupta brothers.

The noose is getting tighter around Atul, Ajay and Rajesh after properties owned by the notorious brothers were reportedly raided in India recently.

India raid

According to India Today, India’s Enforcement Directorate (ED) raided multiple locations in New Delhi, Mumbai, Ahmedabad, and the Guptas’ ancestral home in Saharanpur, Uttar Pradesh.

The operations were carried out under the Prevention of Money Laundering Act (PMLA) following a Mutual Legal Assistance Request (MLAR) from South African authorities.

According to the report, the searches focused on suspected money laundering through three entities with links to a Dubai-based shell company.

Financial records, electronic data and documents are reportedly being examined to trace the flow of money across India, South Africa and the UAE.

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Progress

Thomashausen told the SABC, South Africa is making progress despite initial investigations.

The attempts to extradite the Guptas from the UAE failed because the investigations in South Africa had not produced actual proof of any wrongdoing by the Guptas themselves. They relied on what is known in criminal law as common purpose.

“So they found things that are criminally relevant committed by other people in certain companies and they said, because the book doesn’t prove this, and because they were maybe the authors of such wrongdoing by common purpose, they became guilty, together with the people that were directly committing acts of embezzlement and fraud and misrepresentation and many others and that failed in the Emirates because the Emirates do not know the common purpose doctrine,” Thomashausen said.

New extradition

In June, The Citizen reported that the Investigating Directorate Against Corruption (IDAC) was expected to submit a new extradition application for the Gupta brothers to be hauled back to South Africa from the UAE.

South Africa’s extradition request to the UAE was rebuffed in April 2023 for flimsy procedural reasons, and without sufficient explanation, after Atul and Rajesh Gupta were quietly let off the hook months before.

Following an outcry, the South African authorities were simply told to “resubmit the application.”

In November 2024, the extradition request again ended in failure due to issues with jurisdiction.

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Zuma’s friends

Rajesh and Atul, friends of former president Jacob Zuma, are accused of using their relationship with the former president to profit financially and influence senior government appointments.

They were arrested in the UAE in June 2022 after Interpol placed them on its most wanted list.

The Guptas and the Zumas, famously named “The Zuptas”, were fingered in state capture.

Witnesses alleged they worked together to siphon money from Transnet, Eskom and Denel, and made decisions about who was to be appointed to Cabinet. Zuma and the Guptas have persistently denied wrongdoing.

Dangerous information

While many want a speedy extradition of the brothers to South Africa, political analyst Ralph Mathekga believes the Guptas might be in danger when they set foot on South African soil, because of the information they possess about the ANC and top politicians.

Mathekga previously told The Citizen that politics in South Africa would be unravelled if the Guptas are extradited.

Gareth Newham, head of the Justice and Violence Prevention Programme at the Institute for Security Studies (ISS), said there may be people implicated in state capture who would see the Guptas as a threat.

Newham said, given the value of the Gupta brothers to the South African government, the fugitives from justice would be under intense protection against any attacks.

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