Now it is up to the UAE to extradite Gupta brothers, says JCS department

The department of justice and correctional services says the ball is now in the United Arab Emirates’ (UAE) court to extradite Atul and Rajesh Gupta to the South Africa to face fraud charges.

Spokesperson Chrispin Phiri said the process had to be preceded by a confirmation by Abu Dhabi if the brothers were in the country and, if they were, Pretoria’s request for their extradition would be processed.

The National Prosecuting Authority’s Independent Directorate confirmed that global police organisation Interpol had issued a Red Notice this week against the brothers, who are wanted in connection with the R24.9 million Nulane Investment fraud and money laundering charges.

The matter was scheduled to come before the High Court in Bloemfontein in June. A Red Notice can be issued by Interpol for crimes like fraud, murder or theft, but a request cannot be made for one for a politically motivated offence.

Phiri said they hoped now that the UAE had ratified an international agreement which pave the way for their extradition, the Guptas would be conveyed back to SA. It remains to be seen when that would happen. The UAE had previously refused to cooperate with SA on the matter.

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But last year the UAE ratified the extradition agreement and is therefore bound to process it. Phiri said the fact that the UAE took so long to ratify the agreement was a cause for concern for SA. Last year, a new spat broke out between the UAE and SA over the delayed extradition.

At the time, Pretoria accused the UAE of refusing to cooperate despite previous existing mechanism for them to co-operate to deal with crime and corruption between them.

Both countries are signatories to Article 44 of United Nations Convention Against Corruption and South Africa ratified the convention in 2004. UAE’s ambassador to SA Mahash Alhameli late last year said the Agreements on Mutual Legal Assistance in Criminal Matters and Extradition between SA and his country were signed in 2018.

The Guptas left SA in 2018 soon after their ally, then president Jacob Zuma, was recalled and are believed to be in Dubai. Zuma’s son Duduzane, was their business partner but he has not been charged.