Cape Town – Justice Minister Ronald Lamola has vowed to bring back the fugitive Gupta brothers from the United Arab Emirates (UAE).
The minister said this during a heated debate in Parliament on Tuesday.
Atul and Rajesh Gupta, who fled to the United Arab Emirates (UAE), have not been extradited despite years of effort by the government.
The Department of Justice was accused of using a cancelled arrest warrant and making other legal errors, leading to the rejection of the extradition request.
MPs referred to these mistakes as “foolish administrative mistakes and legal mistakes” and criticised the lack of meticulousness and urgency displayed by the department.
“The UAE refused our request because of the number of foolish administrative mistakes and legal mistakes from our side,” “Economic Freedom Fighters’s MP Sophie Thembekwayo said.
But Lamola rejected the claims.
“The [UAE] implements civil and Sharia laws in their legal framework. The legal framework in the UAE is a unique amalgamation of Islamic Sharia principles and civil laws from Egypt and France. Only family members can access the court system in the UAE.
“No South African diplomat or anyone was aware of the court case when it sat because unlike our courts, it’s not an open court system. It happened and we were informed on the date that we informed South Africans and we wasted no time. We informed South Africans in real time when we received the note verbale,” he said.
The minister dismissed suggestions that the National Prosecuting Authority botched the paperwork related to the extradition request.
“There is no foolish administrative or legal mistakes from the South African government neither did we bungle this extradition request. The UAE authorities confirmed and certified that the documents that we have submitted in the UAE are in compliance with the extradition agreement.
“The processes and documents were therefore submitted by the prosecuting authority of the UAE in the courts of the UAE on behalf of the South African government. If an extradition request is brought to South Africa…it’s the prosecuting authority in South Africa that prosecutes and deals with the matter here in South Africa,” Lamola said.
He added that the government has sourced technical expertise outside of the NPA to strengthen the case presented to the UAE authorities and other matters.
“This is the appointment of senior counsels of various complexities and skills. That is a deliberate action by the South African government to assist the NPA to do their job without any fear, favour or prejudice.
“About 25 external counsels were sourced in this regard to assist this process. We put our money where our mouth is. This is a demonstration of the fight against corruption and to ensure accountability.
“We are calling for calm. As the government of this country, we will ensure that the Guptas come back to South Africa to account for their sins and for their crimes. There will be accountability. It may take time because of the protracted nature of extradition but it will happen. They will one day face accountability in the courts of our country,” he said
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Compiled by Betha Madhomu
