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

With the wheels of justice grinding slowly in the runup to this week’s dramatic arrest of Ajay and Rajesh Gupta in the United Arab Emirates (UAE), the infamous brothers may employ Stalingrad tactics to fight off extradition to South Africa, according to an expert.

The brothers were implicated in the looting of billions of rands from South African coffers by several witnesses at the Commission of Inquiry into State Capture, chaired by Chief Justice Raymond Zondo.

According to Accountability Now director, advocate Paul Hoffman, the Guptas could apply a delaying strategy, similar to that used by former president Jacob Zuma, dragging out extradition for several years.

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Hoffman said: “We will ultimately see justice, but it may take time, because [the Guptas] will employ Stalingrad tactics.

“Firstly, they are going to lodge a bail application, which may or may not be opposed.

“This will be followed by an extradition application brought by South African authorities against the Gupta brothers, which will probably be opposed or appealed – delayed for as long as they can.

“If the extradition application is successful, they will then be flown to South Africa to face trial, which they will resist through attacking the South African legal system, relying on Section 35 on fair trial rights.

“If they are not successful anywhere along the way, then they will face such charges as the public prosecutor will decide against them, with corruption being one of the charges.”

Given the role the Guptas allegedly played in state capture in the country – which led to the collapse of several state-owned enterprises – Hoffman said the maximum punishment could be 15 years in jail.

“Good news is that every creditor and state department pillaged now knows where they are and can start instituting civil proceedings to recover the loot,” said Hoffman.

While the whereabouts of Ajay – another Gupta family member implicated in state capture – could not be established, the National Prosecuting Authority (NPA) was guarded in its response to inquiries from The Citizen.

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Spokesperson Mthunzi Mhaga said: “Extradition is a complex process involving many role players, including the executive. It would not be appropriate for the NPA to discuss the details of the process.

“But we can confirm we are engaging with relevant authorities in SA and in the UAE.”

The NPA, said Mhaga, had assembled an experienced team of experts “working closely with law enforcement agencies and our partners in the criminal justice system”. Organs of civil society have praised the NPA national director of public prosecutions, advocate Shamila Batohi, and the department of justice.

Corruption Watch executive director Karam Singh described the news as “absolutely significant”. “This is good news, indeed, because we have been waiting for this moment for a long time,” said Singh.

He said the NPA and department of justice should be credited for their efforts.

“The wheels of justice move very slowly and I don’t think anybody should be overly satisfied until extradition happens for the two to face charges in SA,” he said.

Organisation Undoing Tax Abuse (Outa) executive head of accountability Stefanie Fick said: “We’ve always said fighting corruption in SA requires resilience. If the rule of law is allowed to take its course, those implicated will eventually get their day in court.

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“It seems like that day is around the corner for the Gupta kingpins.”

Congress of the People (Cope) national spokesperson Dennis Bloem said: “The arrest of the two Guptas gives us renewed hope that our criminal justice system is hard at work to put all these thieves behind bars.”

“The reported arrests should send a strong message that the long arm of the law eventually closes in,” said Defend Our Democracy Campaign spokesperson Duduetsang Mmeti.

Economic Freedom Fighters (EFF) leader Julius Malema has questioned why the son of former president Jacob Zuma, Duduzane, has not being arrested.

Guptas: High-level talks underway to bring brothers back to SA to face justice