South Africa’s Justice Department To Reapply For Gupta Brothers’ Extradition, Mulls Adding New Charges

Published 4 months ago
Gupta Brothers and Duduzane Zuma speak out
Indian businessmen, Ajay Gupta (R) and younger brother Atul Gupta at a one on one interview with Business Day in Johannesburg, South Africa on 2 March 2011 regarding their professional relationships. (Photo by Gallo Images via Getty Images/Business Day/Martin Rhodes)

South Africa’s Department of Justice is set to resubmit its extradition application to the United Arab Emirates (UAE) for the Gupta brothers, Rajesh and Atul, in connection with well-reported allegations of state capture. The Department is also considering expanding the charges attached to the application, including those of money laundering and fraud. The two brothers fled South Africa in 2016 amidst scrutiny over their close relationship with former President Jacob Zuma and allegations of illicit dealings with the state.

“The department and the National Prosecuting Authority [NPA] is coming under a lot of flak and being blamed for the failure to extradite the Gupta brothers, so it’s very important to understand that, as the NPA, we did everything possible to make sure that these Gupta brothers, who must be held accountable for the devastation of state capture, [are extradited],” said National Director of Public Prosecutions Shamila Batohi during a media briefing in Pretoria this morning.

The reapplication follows the rejection of the original extradition request by the UAE last year, reportedly on a technicality, which was communicated to South African authorities six weeks after the Gupta brothers had been informed.

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The Gupta brothers, who first arrived in South Africa in 1993, built a vast business empire that expanded into mining, electronics, and media. Their influence extended into the political sphere, with accusations of orchestrating state appointments and siphoning funds from state-owned enterprises. Despite these allegations, the brothers have consistently denied wrongdoing, framing the accusations as part of a politically motivated campaign against them.

In South Africa, the Gupta family’s reported involvement in state capture has become a symbol of the country’s struggle with corruption at the highest levels of government. The brothers’ alleged ability to influence key government decisions and appointments has raised questions about the integrity of South Africa’s political system during Zuma’s presidency. The fallout from these allegations continues to reverberate through the nation’s political and legal landscapes.

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In the broader fight against state capture, the NPA has faced significant obstacles, including a lack of access to the Zondo Commission’s digital evidence database, crucial for prosecuting state capture cases. The Justice Department has denied claims that it has blocked access. The database reportedly contains a wealth of evidence that could be critical in prosecuting not only the Gupta brothers but other high-profile individuals implicated in state capture.

As South Africa prepares to resubmit its extradition application for the Gupta brothers, the outcome will be closely watched as a test of the country’s legal resolve and its ability to overcome systemic challenges that continue to obstruct justice. The success or failure of this extradition effort could have far-reaching implications for South Africa’s ability to prosecute those responsible for the widespread corruption that has plagued the country in recent years.

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