South Africa and the UAE to work together in extraditing the Gupta brothers

Life has once again been breathed into South Africa’s plans to extradite the Gupta brothers to face charges of fraud and corruption in relation to state capture. South Africa and the United Arab Emirates have agreed to work together by setting up a joint task team of prosecutors from both countries. 

Justice Minister Ronald Lamola met up with his UAE counterpart Abdullah Sultan bin Awad Al Nuaimi, in Abu Dhabi where the gulf state agreed to assist and support South Africa in its quest to bring justice to both nations.

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“A technical joint task team will meet on 15 June to go through the extradition requests for extradition afresh and the additional mutual legal assistance from South Africa. Furthermore, the nations’ respective financial intelligence centres review all the information required” says department of justice spokesperson Chrispin Phiri.

“Establishing this task team will allow them to collaborate closely to ensure the fair administration of justice. This is a positive step towards strengthening the partnership and achieving shared goals”, adds Phiri.

BUNGLED EXTRADITION PROCESS

In April, the Department of Justice received a diplomatic note from the UAE, dismissing the country’s application to have Atul and Rajesh Gupta extradited. Despite only receiving the note in April, the courts in the UAE, had made the decision in February.

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The court found that the country has jurisdiction to prosecute the case of alleged charge of money laundry committed in the UAE and South Africa. Whilst the fraud arrest warrant was cancelled.

EXTRADITION TIMELINE

The are the steps South Africa had taken in the first attempt at extraditing the brothers:

February 2022 Interpol Confirms Red Notices have been issued for the Gupta fugitives

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June 2022, The Department travelled to the UAE after being informed of the arrest of Atul and Rajesh Gupta by police in Dubai.

July 2022, South Africa delivers the formal extradition request to the authorities in the UAE.

September 2022, the Director-General of the Department in his capacity as the Central Authority, wrote to the UAE Justice Minister as a follow up to the request.

October 2022, the Central Authority travelled to the UAE to meet with Judge Al Balushi, and other representatives from the UAE Central Authority, including the prosecutor who is attending to the extradition request in Dubai. Judge Al Balushi was requested to keep the South African Embassy in Abu Dhabi and the Department abreast of developments.

January 2023, at the request of the Central Authority the South African Embassy in Abu Dhabi directed a Note Verbale(diplomatic note) to the Ministry of Justice requesting to be informed regarding the current status of the extradition request. The Embassy has indicated that they are waiting for a formal response from the Ministry of Justice in the UAE.

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February 2023, the Central Authority addressed a further letter to Addullah bin Sultan bin Awad Al Nuaimi, referring to his previous correspondence and again requesting a written update on the extradition proceedings.

March 2023, the Central Authority requests for a meeting at the level of Central Authority and at a Ministerial level at the Unite Arab Emirates

6 April 2023, the Minister of Justice and Correctional Services engages the Ambassador of the United Arab Emirates directly and advised that a Note Verbale from United Arab Emirates was received.

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