UAE Minister of Justice Abdullah Al Nuaimi held a phone call with Ronald Lamola, South Africa’s Minister of Justice and Correctional Services, to discuss the ruling on the extradition request concerning Atul and Rajesh Gupta.
The Dubai Court of Appeal issued its decision that the brothers, accused in relation to two cases of money laundering, fraud, and corruption, cannot be extradited.
The decision to reject the extradition request follows a comprehensive and thorough legal review process that found that the request did not meet the strict standards for legal documentation as outlined in the extradition agreement between the UAE and South Africa that entered into force in April 2021, according to WAM.
For the extradition request concerning the charge of fraud, an article of the extradition treaty stated that the extradition request shall be accompanied by a copy of the arrest warrant order, whereas the submitted documents for the two accused were attached with the canceled arrest warrant order, thereby failing to meet the extradition conditions.
Concerning the charge of corruption, an article of the extradition treaty stated that the extradition request shall be accompanied by a copy of the arrest warrant order, whereas the submitted documents are free of the arrest warrant order, thereby failing to meet the extradition conditions.
On November 29, 2022, the UAE Ministry of Justice received the original extradition file from South African authorities after holding several meetings. The extradition request was referred to the Public Prosecution to investigate the accused concerning the charges leveled against them.
After a comprehensive investigation, the file was referred to the Court of Appeal, which, after three hearings, issued its decision that the accused could not be handed over to South African authorities.
At every step, UAE judicial authorities briefed their South African counterparts on proceedings.
The UAE has 45 extradition treaties in place, 37 of which are now fully ratified, with 8 pending full legal ratification.
In addition, the UAE has 44 bilateral Mutual Legal Assistance (MLAs) agreements actively in place. In 2023 alone, 30 extradition requests have been approved relating to international suspects and other persons.
WAM reported that the UAE remains resolute in working with its international partners to intercept, prosecute, and prevent global financial crime and is committed to transparency and procedural integrity in this regard.
Following the decision by the Dubai Court of Appeal, the UAE judiciary underscored that South African authorities are able to resubmit the extradition request with new and additional documentation.
The South African government announced Friday that its request for the extradition of brothers Atul and Rajesh Gupta, at the heart of a massive state corruption scandal involving former president Jacob Zuma, has been refused by a court in the UAE.
Lamola said the government was informed on Thursday evening of a Dubai court's decision not to allow the extradition of the two brothers arrested in the same city in June.
"We were shocked and dismayed to learn that the extradition hearing was held in the Dubai court on 13 February 2023 and that our extradition request was denied," Lamola said in a statement.
The two Guptas, along with a third brother Ajay, of Indian origin and a formidable trio of businessmen, are accused of looting the state coffers, with the complicity of Zuma, during his nine years in power (2009-2018).
The trio fled South Africa shortly after the establishment in 2018 of a commission headed by Justice Raymond Zondo to investigate state corruption.
South Africa made an extradition request in July, shortly after the brothers were arrested in Dubai.
