The National Prosecuting Authority is encountering difficulties in its attempt to bring Atul and Rajesh Gupta back to South Africa from the United Arab Emirates (UAE) to stand trial on charges of money-laundering and fraud related to state capture.
This is according to advocate Shamila Batohi, the National Director of Public Prosecutions.
In April 2023, the UAE rejected South Africa’s extradition request, and according to Batohi, South Africa’s Middle Eastern counterparts have not responded to follow-up inquiries regarding the reasons why.
Difficulty scheduling a meeting
“We have been trying very hard to find out some very basic things, like what exactly is the problem with our extradition request. We’ve not had satisfactory responses from the UAE,” said Batohi.
“We’ve been trying to set up a meeting with the national director and the head of the prosecuting authority in the UAE in order for us to understand this.
“We’ve not been able to schedule that meeting for months.”
Batothi said the NPA has taken steps to request political intervention from the Presidency.
The NPA, said Batohi, had briefed Deputy President Paul Mashatile on the matter ahead of his working visit to the UAE this week.
Political will needed
She said: “We’ve decided, as the NPA, that we needed the president of this country to intervene with the ruler of the UAE because we realised that unless there isn’t that strong political push in the UAE, we’re going to struggle with this matter.
“Mutual legal assistance, ultimately … it depends on political will, and if the leaders in a country do not want to cooperate with you, there’s no way you can get that cooperation.
“What we hope the DP [deputy president] will be able to do — we have briefed him fully — is really to get the commitment from the rulers of the UAE at the highest level, for them to understand the importance of these cases to South Africa, and for them to get the commitment at the highest level that the UAE will support South Africa in our requests.”
In a statement in September 2023, the Department of Justice and Correctional Services said it had been requested to resubmit a new extradition request.
This was after the UAE, in April 2023, rejected South Africa’s extradition request for the brothers, which the department described then as “inconsistent with Article 17 of the UN Convention Against Corruption, to which both nations are signatories”. – SAnews.gov.za
