Johannesburg - The Ministry of Justice and Correctional Services said it awaits an update on the status of its extradition application pertaining to Atul and Rajesh Gupta from the United Arab Emirates.
Atul and Rajesh have still not been extradited despite a treaty between South Africa and the UAE.
This morning, Minister Ronald Lamola expressed concern that, following a visit by the Central Authority to the United Arab Emirates to ensure that the application meets the requirements of the UAE authorities, there has not been an update on the first court appearance of the fugitives to determine whether there will be a hearing on the application for extradition.
"To date, the Central Authority has made various enquiries. The latest request is an urgent meeting between the two central authorities and the Minister of Justice and Correctional Services and his counterpart in the United Arab Emirates," said Ministry of Justice and Correctional Services spokesperson Chrispin Phiri.
He said the ministry is pursuing this matter via diplomatic channels pursuant to the extradition treaty between the two countries.
Speaking to the Sunday Tribune last month, Professor André Thomashausen, professor emeritus of international law at the University of South Africa, said South Africa had to fulfil the requirements of the UAE’s extradition requirements because, as long as it did not, the Guptas would not be returned to South Africa.
The Gupta brothers were arrested in Dubai last year.
Their arrest came after Interpol issued red notices against Atul and his wife, Chetali; Rajesh and his wife, Arti; former Nulane Investment Bank of Baroda account signatory, Ankit Jain; director of Wone Management Ravindra Nath; and the directors of Pragat Investments, Ramesh Bhat and Jagdish Parekh.
Thomashausen said: ‘’The requirements of extradition legislation are more or less the same as in any other countries. There must be a very clear and precise indication of the crimes that the Guptas are supposed to have committed."
He added that the South African government had simply said the Guptas were guilty by association.
Meanwhile, the ministry said they are engaged with various role players to facilitate the logistics required with regards to the matter involving the controversial Chipiliro Gama, affectionately known as Shepherd Bushiri, and his wife, Mary Bushiri.
"Following the judgment of the High Court of Malawi, which clarified that South African law enforcement agents would be required to appear as witnesses at the extradition hearing, the Department of Justice and Constitutional Development is engaged with the various role players to facilitate the logistics required," Phiri said.
The Star