Extradition request for Gupta brothers submitted to UAE

An extradition request for Atul Kumar Gupta and Rajesh Kumar Gupta has been submitted to the United Arab Emirates (UAE).

The brothers are accused in two criminal matters in SA.

One of the cases, the “Nulane” matter, is before the Free State High Court and a provisional trial date has been set for January next year

In the other case, the “Estina” matter, the brothers have been charged and warrants were issued against them.

“On July 18 2022, a request was received from the National Director of Public Prosecutions [Shamila Batohi] for the extradition of the Gupta brothers from the United Arab Emirates to SA to stand trial on charges of fraud, money laundering in terms of Prevention of Organised Crime Act and corruption contrary of the Prevention and Combating of Corrupt Activities Act,” justice and correctional services minister Ronald Lamola said. 

The request was made in accordance with the extradition treaty between SA and the UAE and the UN Convention Against Corruption (Uncac), an international convention to which both countries are signatories.   

“We can confirm that the extradition request has been submitted to the UAE central authority today [Monday]. This is within the 60-day period with which SA was expected to submit the request in terms of the treaty.”

Batohi said the application, submitted in English and Arabic, addresses the requirements for extradition which, if met, would allow the extradition to be granted under either the extradition treaty or the Uncac, or both.

“A multidisciplinary team within the NPA led the legal aspect of the process and worked with the office of the director-general of the department of justice and constitutional development, designated as the central authority for extradition processes to prepare and finalise the application.

“This work included consultation with legal counsel and some team members meeting their counterparts in the UAE early this month to ensure that the request for extradition met all the requirements of the bilateral treaty, that it was in accordance with UAE domestic laws and to build trust with relevant law enforcement partners.”

She said political considerations regarding the extradition process were left in the hands of the NPA’s partners in the ministry of justice and the department of international relations and co-operation.

“The submission of the formal application request for the arrest and extradition of the Gupta brothers is an important milestone in the NPA's commitment to hold accountable perpetrators of state capture and uphold the rule of law. It reaffirms our resolve to be the lawyers of the people and seek collective justice for our country,” Batohi said.

After the extradition the matter will be placed in what is referred to as an appeal court in the UAE.

“We are advised judges work on a checklist and look at whether the requesting state complies with all requirements. About 30 days after this appeal court procedure, the matter is then taken to the supreme court and thereafter the attorney-general will submit the matter to the minister of justice in the UAE for a final decision.”

Batohi said she understood the process could take a few months to be finalised.

The brothers, who remain under arrest in Dubai, had applied for bail and their applications were denied.

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