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The United Arab Emirates has refused to extradite two members of the Gupta family to face accusations of systematic looting of the South African state over the past decade.
The denial by a UAE court of the request from South Africa to extradite Atul and Rajesh Gupta, who are wanted by Pretoria for alleged fraud and money laundering and were arrested in the UAE last year, was “shocking” and “inexplicable”, South Africa’s justice minister Ronald Lamola said on Friday.
The UAE government notified South African authorities on Thursday that the court had ruled in February that the Guptas could not be handed over despite an extradition treaty between the two nations, Lamola added.
“We have complied with every letter of the extradition treaty between ourselves and the UAE . . . that’s why we are bemused by this judgment that cites technicalities,” said Lamola. UAE authorities would have to file any appeal on South Africa’s behalf, he added.
The refusal deals a major blow to South Africa’s efforts under President Cyril Ramaphosa to seek justice for the country’s biggest post-apartheid scandal — the so-called capture of the state under his predecessor, Jacob Zuma, for the alleged benefit of businesses controlled by the Guptas.
A landmark South African judicial inquiry concluded last year that Zuma “readily opened the doors” for the trio of brothers to loot the Eskom state electricity monopoly, which is now stricken with regular rolling blackouts, and other resources with the connivance of the ruling African National Congress.
The Guptas fled South Africa and their mining-to-media empire collapsed when Zuma fell from power in 2018. The Guptas and Zuma have always denied any wrongdoing.
Atul and Rajesh Gupta were arrested in the UAE in June last year after they were placed on Interpol’s red notice list over a case in South Africa.
At the time, the arrest was a major boost for the anti-corruption battle under Ramaphosa, which had been making slow progress with prosecutions. South Africa had been seeking the brothers’ extradition since July 2022.
The UAE said in a statement that the Dubai court of appeal had rejected the extradition request for Atul and Rajesh Gupta because it “did not meet the strict standards for legal documentation” in the extradition treaty.
The UAE received the extradition file in November after several meetings with South African authorities and the request was referred to public prosecution for investigation, the statement added. After three hearings, the court of appeal decided that the two men could not be handed over.
“At every step, UAE judicial authorities briefed their South African counterparts on proceedings,” the statement said. The South African authorities could resubmit the extradition request, it added.
The UAE court ruling indicated that the Guptas, who were born in India, are citizens of Vanuatu, the South Pacific island nation, said Lamola. Vanuatu is one of a number of countries that offer so-called golden visas, which provide citizenship in exchange for inward investment.
Africa Intelligence reported this week that the Guptas had been seen in Switzerland, despite officially being in custody in the UAE. The South African justice ministry said it did not have information on the report.
Atul and Rajesh Gupta could not be reached for comment.
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