South Africa’s botched attempt to have the Gupta brothers from the United Arab Emirates (UAE) extradited to South Africa is a “national embarrassment” that shows that the Jacob Zuma tentacles in the current cabinet and government still extend far.
This is according to the DA, which came under the government over the failed application.
Ronald Lamola, minister of justice and correctional services, announced on Friday that the country learned with “shock and dismay” that the UAE had rejected its application for the extradition of business tycoons Atul and Rajesh Gupta.
The government was informed of the decision on Thursday evening.
The extradition hearing was already completed on 13 February in a Dubai court.
The Guptas are suspected of being together with ex-pres. Jacob Zuma conspired to divert state assets to their own pockets.
South Africa submitted the application for extradition in July last year, after the two were arrested in Dubai a month earlier. The arrest follows an extradition agreement between South Africa and the UAE.
Lack of cooperation
Lamola says the application was rejected on a technical point.
The Dubai court determined that the UAE has jurisdiction over the charge of money laundering, because the alleged crime was apparently committed in the UAE and South Africa.
Regarding the charge of fraud and corruption, “the court found that the arrest warrant related to it has been cancelled”, says Lamola.
“The reasons given as to why our application was rejected are inexplicable and contrary to the assurances given by the Emirati authorities that our request meets their requirements.”
The minister accused the UAE of not properly consulting the South African government before the application was rejected and said such a “level of lack of cooperation” was “extremely unprecedented”.
He says South Africa only received an Arabic summary of the verdict and had to work through the night to understand and analyze it. “This is the life we suffer with the authorities in the UAE,” said a frustrated Lamola.
“We still intend to speak to our peers to ensure that the court’s decision is appealed.”
‘Shameful’
Glynnis Breytenbach, the DA’s spokesperson on justice and constitutional development, says the outcome is a shame and confirms that the minister has no control over his portfolio and neglects his duty.
The department was only notified of the “monumental failure” yesterday.
“This raises the question of what exactly the criminal justice group has done in the past year. Every inquiry was cut off and answered with empty assurances that everything was under control,” says Breytenbach.
“This is clearly far from the truth.”
It is also no wonder that there are reports that the Gupta brothers are traveling the world with their South African passports, she says.
According to media reports, the two Guptas were spotted in Switzerland late last month.
“Was there ever any seriousness about the intention to have these perpetrators successfully extradited, especially bearing in mind what the consequences would be for so many high-ranking ANC members?” says Breytenbach.
Could we get comment from @RonaldLamola and @NPA_Prosecutes on this? Are 2 of the #Guptas not supposed to be in custody in the #UAE? At least, that was what we were told.
‘Detained’ Gupta brothers reportedly spotted in Switzerland https://t.co/fprQVlj9kM
— OUTA (@OUTASA) April 6, 2023
Billions lost
The two Indian-born brothers are the linchpin of the enormous state capture that prevailed during Zuma’s nine-year term.
The super-rich brothers built up an enormous business empire in South Africa for more than two decades after immigrating here from India. The two arrived in South Africa in 1993, a year before Nelson Mandela was elected as the country’s first democratic president.
During Zuma’s reign, they became involved at the highest levels of government and in the ruling ANC and, among other things, had a hand in the appointment of ministers, the Zondo Commission found earlier after statehood.
It is estimated that the Guptas’ alleged crimes cost the country nearly R50 billion.
They fled to the UAE in 2018 when the net around suspected state builders began to tighten.
Zuma and the brothers deny all guilt.