Extradition of Guptas now possible

Ajay and Atul Gupta.
Ajay and Atul Gupta.
Image: Muntu Vilakazi/Gallo Images

Justice minister Michael Masutha has not ruled out using a newly signed agreement between SA and the United Arab Emirates to have the controversial Gupta brothers extradited from Dubai to stand trial.

The countries signed the mutual legal assistance and extradition treaties on Monday.

“The treaties will enable the two countries to assist each other in the investigation and prosecution of crimes through mutual legal assistance and the extradition of fugitives,” the department of justice & correctional services said.

Although Masutha did not refer directly to the Guptas by name‚ when asked whether the treaty could affect the Gupta case or other high-profile matters‚ he said via WhatsApp: “It certainly will provide the necessary legal framework for mutual co-operation between our two countries in relation to criminal investigations.”

In August‚ the Hawks assured parliamentarians they were working behind the scenes with Interpol to have the Guptas extradited from India or Dubai.

The Gupta brothers are wanted on charges of fraud and corruption in relation to the Estina dairy project in Vrede‚ Free State.

Ajay is also wanted for allegedly offering a bribe to then deputy finance minister Mcebisi Jonas in 2015. Ajay and Rajesh Gupta applied to deputy chief justice Raymond Zondo for leave to cross-examine Jonas at the state capture inquiry.

They made a joint application for leave to cross-examine Jonas‚ former ANC MP Vytjie Mentor and former GCIS boss Themba Maseko‚ but Zondo turned the request down, saying they had no valid reason not to appear before the commission. The brothers had said they would testify before the commission if it travelled to a neutral location outside SA or by video conference.

Zondo, paraphrasing the brothers’ words, said: “[Ajay and Rajesh] say they are in the United Arab Emirates‚ they have no intention of returning to SA.

They are afraid that the Hawks will arrest them as a result of incompetence on the part of the Hawks.”

DA public enterprises spokesperson Natasha Mazzone believes the treaties mean the Guptas are “fast running out of places to hide as they can now face extradition to finally answer for state capture”.

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