The Gupta brothers, Atul Kumar and Rajesh Kumar, wanted in South Africa for charges related to state capture, will not stand trial in South Africa after a Dubai court finding cleared them, burying any chance of them being extradited to South Africa to face charges.
The Ministry of Justice on Friday said it learnt with shock and dismay that the extradition hearing of the duo had been concluded in Dubai in February this year.
It said the Dubai court found that on the charge of money laundering, the crime in question is alleged to have been committed in the United Arab Emirates and South Africa. “In terms of the federal laws of the United Arab Emirates, extradition can be denied because the United Arab Emirates has the jurisdiction to prosecute,” said the court finding.
Fraud charges against the brothers have also been dropped.
South Africa also learnt on Thursday that the Gupta brothers are now citizens of Vanuatu, a country in the southwestern Pacific Ocean consisting of a chain of 13 principal and many smaller islands west of Fiji and east of Australia.
“The reasons provided for denying our request are of a technical nature and fly in the face of the assurances given by the Emirati authorities that our requests meet their requirements. This approach is inconsistent [with] article 17 of the United Nations Convention Against Corruption, to which both nations are a signatory,” said the justice ministry in a statement.
The department said it still intends to engage the Dubai authorities to ensure that the decision of the court is appealed. “In the recent past we are aware that Denmark has appealed and succeed in obtaining an extradition request,” read the statement.
Justice Ministry awaits update on Gupta extradition
SA applies for extradition of Gupta brothers from UAE
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