Submission of formal application request for the extradition of Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta
25 July 2022
Today, Monday the 25th day of July 2022, we can confirm that a formal extradition application was submitted to the Central Authority in the United Arab Emirates. This is within the 60-day period from date of arrest of the Gupta brothers, as set out in the Extradition Treaty between South Africa and the UAE. The application, submitted in both English and Arabic, addresses the general requirements for extradition which, if met, would allow the extradition to be granted under either the existing Extradition Treaty or the UN Convention Against Corruption (UNCAC), or both.
A multi-disciplinary team within the NPA led the legal aspect of the process and worked in a focused and well-coordinated manner with the Office of the Director General of the Department of Justice and Constitutional Development, designated as the Central Authority (CA) for extradition processes to prepare and finalise the application.
This work included consultation with legal counsel and some team members meeting with their counterparts in the UAE early this month, to ensure that the request for extradition met all the requirements of the bilateral treaty, that it was in accordance with UAE domestic laws, and to build trust with relevant law enforcement partners.
The NPA team, in close collaboration with the office of the CA, worked relentlessly and focused on complying with legal requirements of the Extradition Treaty and UNCAC. Political considerations regarding the extradition process were fully left in the hands of our partners in the Ministry of Justice and the Department of International Relations and Cooperation (DIRCO).
The submission of the formal application request for the arrest and extradition of the Gupta brothers is an important milestone in the NPA’s commitment to hold accountable perpetrators of state capture and uphold the rule of law. It reaffirms our resolve to be the lawyers of the people and seek collective justice for our country.
As this process unfolds, and the extradition application is heard in UAE courts, the NPA will continue to collaborate and support its counterparts in the UAE to ensure that the Gupta brothers are extradited to face justice in South Africa. Whereas this process could take several months, as the NPA we will continue with our commitment to deliver for impact.
The country demands this of us, and we are ready to keep moving to bring justice.
Issued by Mthunzi Mhaga, NPA Spokesperson, 25 July 2022
