Question NW2278 to the Minister of Justice and Correctional Services

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17 July 2023 - NW2278

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

(1) With reference to his indication on 20 April 2023 that Interpol’s Red Notices attached to Mr Rajesh Gupta and Mr Atul Gupta, which would pave the way for the brothers’ arrest to face fraud and money laundering charges in the Republic, were still active, what is the current status of the Government’s botched supplication to extradite the brothers from the United Arab Emirates; (2) (2) whether the Government has been informed of the brothers’ current whereabouts; if not, what is the position in this regard; if so, by what date is it envisaged that the brothers will be rearrested?

Reply:

Current Status of the Extradition Request

(1.) On 5 June 2023, I led a South African delegation to the UAE and met with His Excellency Addullah bin Sultan bin Awad Al Nuaimi, the Minister of Justice in the UAE and His Excellency Judge Abdul Rahman Murad Al Balushi, the Director of International Cooperation, the UAE Central Authority, to engage the authorities in the UAE on the extradition request for Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, and other areas of cooperation.

a) During the meeting I expressed my concern about the status of the Gupta request and the court’s findings that they could not be extradited to South Africa. The delegation then suggested measures that could be taken to facilitate the successful extradition and emphasised that this is a matter of national interest for South Africa.

b) His Excellency Addullah bin Sultan bin Awad Al Nuaimi, assured my delegation that the UAE will put the necessary measures in place to meet its international obligations in terms of the Extradition Treaty to assist and support South Africa in its quest for the extradition of the Gupta brothers. To this end it was agreed that a virtual technical meeting between the Prosecutors in the UAE and South Africa will take place as soon as possible.

(2.) The delegation enquired regarding the current whereabouts of Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, but was informed by Judge Abdul Rahman Murad Al Balushi that the whereabouts of the Gupta brothers are not known to the UAE authorities.

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