Ajay Gupta is no longer a fugitive from justice – with the National Prosecuting Authority confirming in writing that the arrest warrant issued against him for corruption has now been cancelled.
The cancellation of the warrant, issued in connection with an alleged attempt to bribe former deputy finance minister Mcebisi Jonas to take over as finance minister and do the Gupta family’s bidding, means Ajay Gupta can return to South Africa without fear of arrest.
But his lawyers have declined to comment on whether he will do so to testify at the Zondo inquiry into state capture.
Deputy chief justice Raymond Zondo has repeatedly refused the Gupta family the right to cross-examine any of the state capture inquiry witnesses, on the basis that they refused to return to SA to do so.
The NPA in January withdrew corruption charges against former president Jacob Zuma’s son Duduzane in connection with the same case that Ajay Gupta was wanted for, on the basis that “Mr Jonas’s evidence before the state capture commission has not been finalised”.
As a result of the withdrawal of charges against Duduzane, the Guptas’ lawyers demanded answers on whether there was still an active warrant of arrest for Ajay.
NPA deputy director Bulelwa Vimbani-Shuma responded in a letter sent on February 11 that “the warrant of arrest issued at the same time an arrest warrant was issued against Duduzane Zuma has been cancelled by [the Hawks]”.
The Hawks stressed the cancellation of the warrant did not amount to a vindication of Ajay as a suspect, but was rather the inevitable legal consequence of the case against Duduzane being provisionally withdrawn.
Those charges may be reinstated.