Durban – Head of the National Prosecuting Authority Shamila Batohi says the NPA is satisfied with its case in bringing the Gupta brothers to book.
The Ministry of Justice and Correctional Services said an extradition request had been submitted to the United Arab Emirates in accordance with the extradition treaty between South Africa and the UAE as well as the UN Convention Against Corruption.
Batohi said the NPA could not guarantee a conviction but it could guarantee it would do everything to ensure the prospects of a successful prosecution and a conviction were high.
NPA spokesperson Mthunzi Mhaga said the NPA team had worked relentlessly and focused on complying with the legal requirements of the extradition treaty and the UNCAC.
Mhaga said political considerations regarding the extradition process were left in the hands of 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,” Mhaga said.
He said as this process unfolded, and the extradition application was heard in UAE courts, the NPA would continue to collaborate and support its counterparts in the UAE to ensure that the Gupta brothers were extradited to face justice in South Africa.
“Whereas this process could take several months, as the NPA we will continue with our commitment to deliver for impact. The country demands this of us, and we are ready to keep moving to bring justice,” he said.
Atul Kumar Gupta and Rajesh Kumar Gupta are accused in two criminal matters. The first matter is already before the High Court of South Africa, Free State Division, Bloemfontein – S v M.P Thabethe and 17 Others, Park Road Cas 971/2/2021 (the Nulane matter) – in which a provisional trial date has been set for January 2023.
In the other matter, S v M.P Thabethe and 27 Others, Park Road Cas 200/7/2017 (the Estina matter), the Gupta brothers have already been charged and warrants were issued against them.
IOL