Cape Town – The Department of Justice and Correctional Services is in discussions with the United Arab Emirates (UAE) regarding the extradition of the Gupta brothers, Atul and Rajesh.
The Guptas are wanted in South Africa on charges related to fraud and money laundering linked to State Capture.
In April this year, the UAE had rejected South Africa’s extradition request, citing inconsistencies with the United Nations Convention Against Corruption.
However, the department said in a statement that the UAE Central Authority has now requested South Africa to submit a new extradition request.
“On 26 July 2023, the South African Embassy in Abu Dhabi forwarded a Note Verbale dated 25 July 2023, as received from the UAE Central Authority in which… South Africa is requested to urgently resubmit a new extradition request for the Gupta brothers.
“It is, however, our view that a new extradition request can only be submitted to the UAE once the questions raised in our Note Verbale dated 19 June 2023, have been sufficiently answered by the UAE
“On 18 and 28 August 2023, respectively the Minister and Director-General directed letters to their counterparts in the UAE stating South Africa’s position that despite the UAE’s invitation to submit a new extradition request, it remains necessary to first obtain clarity on the questions asked previously by the Central Authority of South Africa in order to assess the matter before a decision can be taken to submit a new extradition request,” the statement read.
In another extradition case involving controversial pastor Shepherd Bushiri and his wife, Mary Bushiri, who fled to Malawi, the matter has been postponed until October.
The Department of Justice says a request by the UAE to resubmit an extradition application for the Gupta brothers is stalling the process. Minister Ronald Lamola says they still await a response on why the first request was turned down.
Watch: https://t.co/BsoLhVteS8 pic.twitter.com/y1eY40WPU2
— Newzroom Afrika (@Newzroom405) September 29, 2023
“On 30 May 2023, the matter was postponed due to arguments raised on behalf of the Bushiris that South Africa’s extradition request was not properly authenticated. The South African prosecutors prepared arguments to assist the Malawian prosecutors with the filing of supplementary affidavits for purposes of the interim application where the legal team of the Bushiris is again trying to stop the extradition processes.
“On 10 August 2023, the formal application brought by the Bushiris was argued in court and thereafter postponed to 11 September 2023, for a ruling by the court. On 11 September 2023, the Magistrate gave judgment during which she indicated that the extradition request was in fact not certified in terms of the Malawi’s Extradition Act.
“The State however was afforded an opportunity to re-certify the request. The matter has been postponed to 10 October 2023, on which date state representatives will give testimony,” the statement read.
Additionally, a request by the International Residual Mechanism for Criminal Tribunals (IRMCT) concerning alleged Rwanda genocide perpetrator Fulgence Kayishema to stand trial overseas has been transferred to the High Court for a hearing.
This request cannot be executed under South Africa’s domestic extradition laws and is being handled in accordance with international law obligations.
The hearing for this matter is scheduled for November 1, 2023. Kayishema is also facing charges related to immigration violations and fraud.
Follow African Insider on Facebook, Twitter and Instagram
Picture: Twitter/@musamathebulaa
For more African news, visit Africaninsider.com
Compiled by Betha Madhomu
