NEW DELHI: South Africa is upset over UAE turning down their request to extradite Saharanpur-born Atul and Rajesh Gupta who have allegedly siphoned off billions of dollars through fraud under the Jacob Zuma Presidency in South Africa.
"In the evening of 6th April, we were provided with a note verbale from UAE in which we learnt with shock and dismay that the extradition hearing had been concluded in the Dubai court on the 13th February and our extradition request was unsuccessful. The reasons for denying it are of technical nature,’’ according to a statement released by South Africa’s Ministry of Justice and correctional services.
South Africa’s justice minister Ronald Lamola on Friday said that it was shocking and inexplicable.
The UAE government notified South African authorities on Thursday that the court had ruled in February that the Guptas could not be handed over despite an extradition treaty between the two nations.
“We have complied with every letter of the extradition treaty between ourselves and the UAE that’s why we are bemused by this judgment that cites technicalities,” said Lamola. UAE authorities would have to file any appeal on South Africa’s behalf, he added.
Money laundering and fraud are considered South Africa's biggest post-apartheid scandal.
"UAE’s approach is inconsistent with article 17 of the UN Convention Against Corruption – to which both South Africa and UAE are signatories,’’ South Africa’s justice department’s statement added.
Meanwhile, if we dig a little into the background the Gupta brothers moved to South Africa in 1993 and during the Presidency of Jacob Zuma rose to fame as becoming amongst the wealthiest in South Africa. However, fraud and money laundering charges made the duo move to Dubai in 2016. In 2022, following an Interpol red notice they were arrested in Dubai. Extradition talks have been held between South Africa and UAE ever since.
Their businesses ranged from mining to media and the Gupta and Zuma have always denied any wrongdoing.
Meanwhile, it is learnt that UAE rejected the extradition request for Atul and Rajesh Gupta because it “did not meet the strict standards for legal documentation” in the extradition treaty.
The UAE received the extradition file in November 2022 after several meetings with South African authorities. After three hearings, the court of appeal decided that the two men could not be handed over.
The UAE court ruling indicated that the Gupta are citizens of Vanuatu (a South Pacific island nation). They got citizenship under the golden visas which provide citizenship in return for heavy investments in the country.
Some unconfirmed reports also suggested that the Gupta brothers were holidaying in Switzerland – though they were meant to be under judicial custody in UAE.
Whether South Africa will be able to get the Gupta brothers extradited or not, only time will tell, until then UAE will continue to be a safe haven for the duo.