The news that Atul and Rajesh Gupta were arrested in Dubai late last week has been hailed as a major step forward when it comes to accountability for State Capture crimes. But arrests are just the first step: what happens now, in terms of South Africa’s handling of the extradition process, will determine whether the brothers actually ever stand trial in a South African court.
This information is important to establish because it would shed some light on whether the arrests were a surprising lucky strike by the United Arab Emirates , or if they were the result of a coordinated move by the UAE and South Africa working together. In the consideration of the Guptas’ bail applications, it is vital to know whether the Guptas – labelled fugitives by South Africa and Interpol – have valid travel documents, where these are from, and if they habitually travel in and out of the UAE.to try to obtain a new South African passport is ongoing, with him facing the problem of his old passport having seemingly run out of pages in advance of its expiry in 2025.
It might seem self-evident that if the Guptas have been arrested, they must be “behind bars” of some kind – but even this basic piece of information has not been confirmed.Onefrom the UAE states that a suspect being sought for extradition is “not treated as a suspected criminal within the UAE court system”, but rather as “a person who is the subject of a delivery request to an outside country”.
Has South Africa made the UAE aware of the fact that the Guptas have business connections in both India and Uzbekistan to which they might easily slip away if given the chance? Prosecutors in the UAE must be alerted to this, or South Africa could well find itself back at square one.How many days does SA have to submit an application for extradition following this arrest?that you were bringing in private counsel to handle the Gupta extradition application.
It is also important to know when the NPA appointed the team, as it would demonstrate the institution’s readiness to deal with the unexpected arrest of the Gupta brothers.Two Gupta wives are wanted in connection with the same criminal case for which Atul and Rajesh Gupta have now been arrested. Please state what the NPA intends to do about also bringing to book Arti and Chetali Gupta?
Source: Law Daily Report (lawdailyreport.net)
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