The United Arab Emirates (UAE) turned down South Africa’s application to extradite Atul and Rajesh Gupta two months ago, on 13 February 2023.
Justice minister Ronald Lamola revealed on Friday that the extradition request was rejected by UAE back in February. South Africa was unaware of the decision until 8pm last Thursday, when it received a diplomatic note from the UAE embassy in South Africa. Lamola announced the UAE’s decision with ‘shock’ and ‘dismay’.
There was no clarity on what impact the Guptas’ suspected departure from the UAE may have on an appeal process.
Further the Interpol Red Notices, which allow countries to arrest the Gupta’s virtually anywhere and which led to their arrest, are also no longer valid. New ones would have to be sought.
The first reason for the Dubai court’s decision was because the Guptas could be prosecuted in the UAE on the fraud and money laundering charge for which SA had sought their extradition. These charges flow from the Estina dairy scandal.
The second reason concerned the validity of an arrest warrant submitted as part of SA’s extradition request. Shamila Batohi, the national director of public prosecutions, said that South Africa’s paperwork for the extradition application had ticked all the right boxes and that there was nothing more authorities could have done.
She said the UAE court’s issue with the Gupta arrest warrant was not necessarily valid as SA had merely cancelled one to replace it with another that contained all the relevant charges.
Justice department director general, Doc Mashabane, said: ‘It does appear clearly that they proceeded with the court case without informing us through the diplomatic channels, which would have been through our embassy’.