Durban - JUSTICE Minister Ronald Lamola will initiate a request to Interpol to reactivate a red notice for the arrest of Atul and Rajesh Gupta who were set free after a failed extradition attempt from the United Arab Emirates (UAE).
This is expected to run concurrently with South African authorities resubmitting the extradition request with new and additional documentation.
Reports also indicate that UAE ambassador Mahash Saeed Alhameli is to face a démarche from the South African government in the next few days over the failed extradition attempt.
A démarche is considered an extreme diplomatic stance for one country to take to express its displeasure with another country.
Lamola’s spokesperson, Chrispin Phiri, yesterday confirmed that the Justice Department was in the process of approaching Interpol to get the brothers back on the red notice.
Interpol placed Rajesh and Atul Gupta on its most-wanted list, its red notice, but this lapsed last year after the brothers were taken into custody in the UAE.
The brothers were arrested by Dubai police in June and are wanted in South Africa for allegedly looting billions of rand linked to state capture.
Last week, Lamola said the UAE court turned down the extradition request as the court found that on the charge of money laundering, the crime in question is alleged to have been committed in the UAE and in South Africa, and federal laws of the UAE state that an extradition can be denied if that country has the jurisdiction to prosecute the crime.
The court also found on the charge of fraud that the arrest warrant relating to this charge was cancelled.
Legal expert advocate Selby Makgotho said a reactivated Interpol red notice would allow police in any country to arrest the brothers, with reports emerging that they may be in Switzerland.
Reports have also suggested that the brothers have sought sanctuary or asylum in Vanuatu, the Central African Republic and Cameroon.
“There are allegations that they are seeking refuge in another country and the red notice should be reactivated and they can be pursued.
“This will not be a tedious process as the South African government has already put forward sufficient reasons to Interpol that this is in the best interest of justice.”
Makgotho said the onus now lies with South Africa to initiate the Interpol process.
“South Africa may not have extradition agreements with all countries but the red notice will help.
“This should be a concurrent process with the reapplication to the UAE for the extradition request and the démarche to the UAE ambassador,” Makgotho said.
Unisa Professor Emeritus of International Law André Thomashausen said a “valid warrant of arrest issued by a magistrate is the first prerequisite for asking Interpol for an international warrant known as a ‘red notice’ and subsequent extradition proceedings”.
“It appears that since 2018, Shamila Batohi (National Director of Public Prosecutions) has not been able to obtain or keep effective warrants against any of the Guptas.
“If that is so, there is no chance to pursue the Guptas any further,” Thomashausen said.
UAE-based newspaper The National reported that the country’s Ministry of Justice issued a statement saying it received the original extradition file from South African authorities on November 29, after holding several meetings.
“The extradition request was referred to the prosecutors to investigate the accused concerning the charges levelled against them.
“After a comprehensive investigation, the file was referred to the Court of Appeal, which held three hearings before issuing its decision.
“At every step, UAE judicial authorities briefed their South African counterparts on proceedings,” The National reported.
The Good party has written to Parliament Speaker Nosiviwe Mapisa-Nqakula, asking her to schedule a debate on the failed extradition application.