Pretoria - High-profile fugitive Atul Gupta’s attempts to have a new South African passport issued to him have been dealt a blow after the high court in Pretoria ruled that the wealthy businessman “is a fugitive from justice and therefore does not qualify for a South African passport”.
“Home Affairs Minister Dr Aaron Motsoaledi welcomes the High Court Gauteng North judgment delivered on Friday, 20 January 2023, which confirmed that Atul Gupta is a fugitive from justice and therefore does not qualify for a South African passport, as the department had contended,” Siya Qoza, Motsoaledi’s spokesperson, said.
On September 25, 2018, having fled South Africa during the advent of the Gupta Leaks, Atul Gupta approached the consul-general of South Africa in Dubai to apply for a passport.
“The department rejected this application after receiving confirmation from the National Prosecuting Authority that a warrant of arrest was issued against him in connection with criminal offences of fraud and money-laundering related to the Vrede Dairy Project,” said Qoza.
“In February 2021, Gupta approached the court, seeking to force the department to issue him with a new South African passport. He claimed that he had a constitutional right to a passport as a citizen of South Africa.”
Gupta insisted that the Constitution stated that nobody should be deprived of their citizenship.
“The department defended that court application, arguing that he was a fugitive from justice and therefore does not have a right to challenge the department in a court of law in this country. The department challenged Gupta to indicate if he would be prepared to come to South Africa if the court were to order him to do so,” said Qoza.
“Gupta said he would have to take legal advice on the issue. On Friday, Judge Kumalo found that ‘if he (Gupta) indeed is not a fugitive from justice, why would he need legal advice whether he ought to come to this country for whatever reason. This is more telling for a person who owns property and had owned businesses in this country”.
The presiding judge also noted that Gupta did not give “a particular address” in Dubai.
“All that he seems prepared to state is that he is a South African citizen resident in Dubai. Nothing further is disclosed. I am of the view that this was not oversight on the applicant’s side but was deliberate,” reads part of the judgment.
Judge Kumalo’s order states:
- The applicant (Gupta) is a fugitive from justice.
- The applicant has no ‘locus standi’ to approach the court for relief in the circumstances;
- Gupta is to pay the cost of the application.
In welcoming the judgment, Motsoaledi said the court had delivered an “important confirmation” that the laws of South Africa must be respected and wee applicable to all.
“Friday’s judgment shows that you cannot want to escape accountability in a country and seek to enjoy the use of documents that are exclusively reserved for law-abiding citizens of that country,” said Motsoaledi.
He also welcomed the cost order against Gupta, in favour of the department, “because it ensures that public funds are kept for service delivery”.
Motsoaledi has instructed the department to “immediately” start the process to recover the costs.
The controversial Guptas fled South African shores as the country’s law enforcement agency began closing in on the family accused of being at the centre of the state capture project of appointing Cabinet ministers, and the alleged looting of state coffers under Jacob Zuma’s nine-year presidency.
IOL