Gupta extradition process

22 June 2022

Extradition processes are complex and each one has its peculiar dynamics, depending on the country involved. Expert prosecutors in the NPA have been dealing with extradition cases for many years.

The NPA leadership has full confidence in its team of experienced and highly skilled prosecutors working on the legal aspects of the Gupta extradition process. This core team of prosecutors is leading the process, with the support of several private counsel, as necessary, to assist with the finalisation of the formal extradition request.

The NPA has already submitted the requests for provisional arrest warrants through the appropriate channels, which was a formality that needed to be complied with. In terms of the extradition treaty between South Africa and the United Arab Emirates (UAE), South Africa has 60 days from the date of arrest to submit the formal extradition application.

The NPA is on track to finalise this process, in close consultation with relevant authorities in the UAE and INTERPOL as required, acting in full compliance with domestic and international legal obligations relating to extradition. The diplomatic and political aspects are being dealt with in parallel by our colleagues in the Ministry, Department of Justice and Department of International Relations and Co-operations.

We have previously explained why we will not be commenting on the legal dimensions of the case at this early stage, and this remains our position for important legal and case-specific reasons. However, we note with concern the widespread misinformation and speculation about how the NPA and its leadership are handling this complex legal process. While we recognise the public interest in this matter, we must focus on delivering on our constitutional mandate and responsibilities without distraction, and without fear or favour.

The NPA welcomes constructive criticism However, recent irresponsible reports about the NPA’s apparent poor handling of the process, or failing to respond to UAE requests, are not accurate, and should be dismissed as dangerous speculation, or politically and personally motivated attacks to undermine the NPA and its leadership during this process.

The NPA appeals to all South Africans to allow it, and all other stakeholders officially mandated to manage this process, to do so in a manner that will let justice prevail.

Issued by Mthunzi Mhaga, NPA Spokesperson, 22 June 2022