Question NW797 to the Minister of Justice and Correctional Services
14 April 2023 - NW797
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
In view of the extradition treaty between the Republic and the United Arab Emirates (UAE) that sets out specifics in terms of process, (a) on what date did the extradition hearing of the Gupta brothers start in Dubai and (b) what number of hearings specifically for extradition, but not for bail, have taken place to date; (2) Whether the Gupta brothers attended the extradition hearings; if not, why not; if so what are the relevant details; (3) Whether the UAE laws and/or systems permit the Republic to have independent representatives present as observers in the extradition hearings; if not, what is the position in this regard; if so, (a) who represented the Republic in such hearings and (b) what are the further relevant details in this regard; (4) What number of official reports has his department received thus far about the (a) extradition process and (b) extradition hearings; (5) Whether the reports are his department’s only source of information about what is happening in Dubai regarding the Gupta brothers; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Department was informed by the Central Authority in the UAE that extradition hearings in the UAE takes place in a closed court and that only the accused, their legal representatives and the prosecution team are allowed in court. This is in terms of Article 19 of Federal Law 39 of 2006 of the UAE, the domestic legislation in the UAE that govern International Judicial Co-Operation.
Extradition proceedings in the UAE are further guided by the Guide to International Judicial Cooperation in Criminal Matters (Surrender of Persons and Things – Judicial Assistance), Ministry of Justice, 1444 Hijri – 2022 A.D.
The Department liaises with the UAE Central Authority via diplomatic channels as per Article 2(2) of the Extradition Treaty between the two countries. The South African Embassy in Abu Dhabi assist the Department in this regard.