JOHANNESBURG, SOUTH AFRICA – 4 March 2011: Indian businessmen Ajay and Atul Gupta speak to the City Press from the New Age Newspaper’s offices in Midrand, Johannesburg, South Africa on 4 March 2011. (Photo by Gallo Images/City Press/Muntu Vilakazi)
JOHANNESBURG, SOUTH AFRICA – 4 March 2011: Indian businessmen Ajay and Atul Gupta speak to the City Press from the New Age Newspaper’s offices in Midrand, Johannesburg, South Africa on 4 March 2011. (Photo by Gallo Images/City Press/Muntu Vilakazi)
It was revealed on Wednesday night that the UAE and South Africa had agreed to a new extradition treaty, which allows both countries to cooperate fully in the pursuit of justice.
Translation? The Guptas’ safe haven of Dubai will no longer guarantee them protection from the South African authorities. Ajay Gupta, who is a fugitive of SA, will not have had a comfortable night’s sleep.
There has been a remarkable turn around in fortunes for the Gupta family in little over a year or so. The Indian billionaires had been coasting towards an easy life, pulling the strings in Jacob Zuma’s toxic administration. Right now, they’re feeling the heat from the Zondo Commission.
By evading arrest and hiding from the authorities, Ajay Gupta automatically became a fugitive of this country. He is not a naturalised resident of South Africa but is still answerable to the crimes he’s alleged to have committed on our shores.
It’s when one jurisdiction is able to send a criminal back to the other jurisdiction where they are wanted for committing a crime. This happens when national borders are crossed by those on the run.
Mzansi currently has binding agreements for the exchange of criminals with the following 15 nations:
SA did actually have a previous agreement with the UAE for an extradition treaty. But, for one reason or another, it wasn’t actually signed off into law until this week.
The only thing that the UAE could provide is “Mutual Legal Assistance“; this is where the two countries agree to work together on gathering and exchanging information to enforce laws.
Although the Guptas are from India, it is highly unlikely any of them will now flee there, given that it does have an extradition agreement in place with Mzansi. For decades, they have lived and worked in Dubai.
Another thing worth noting is that the monarchy of the UAE can also block the extradition of any suspects they want to. So, if Ajay is in Dubai, it’ll be a lot harder to drag him into a court of law in SA.