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Too early to celebrate Gupta capture

It would be naïve for anyone to expect Atul Gupta and Rajesh Gupta to be bundled into a plane and flown to OR Tambo International Airport to stand trial in SA in the coming day, the writer says.
It would be naïve for anyone to expect Atul Gupta and Rajesh Gupta to be bundled into a plane and flown to OR Tambo International Airport to stand trial in SA in the coming day, the writer says.
Image: Simphiwe Nkwali

At about 8pm on Monday, South Africans received news that many who demand accountability for corruption had been waiting for. 

Two of the Gupta brothers were arrested in Dubai in connection with their alleged crimes in SA.

In a short statement the department of justice confirmed that fugitives Atul and Rajesh Gupta were nabbed and that “discussions between various law enforcement agencies in the UAE (United Arab Emirates) and SA are ongoing”.

The move follows an Interpol Red Notice issued four months ago at the request of the National Prosecuting Authority in connection with charges related to a R24.9m Nulane Investment fraud and money laundering case in the Free State. 

On Tuesday the Dubai police confirmed the arrests, saying they formed part of the UAE’s efforts to combat money laundering through co-operation with global authorities.  

The arrests are significant, insofar as they indicate that the wheels of justice have been set in motion against a family believed to be kingpins behind a criminal enterprise that nearly collapsed our state institutions. 

But it would be naive for anyone to expect the Guptas to be bundled into a plane and flown to OR Tambo International Airport to stand trial in SA in the coming days.

The journey ahead will certainly be a lengthy one. 

Notwithstanding the treaty between SA and the UAE that was finally signed in June last year, the process of getting the Guptas actually extradited to our shores is complex. 

At the very least we know that they have no intention of subjecting themselves to the legal process that awaits them in SA.

With deep pockets and their resolve to stay out of jail, we can expect them to fight to the bitter end, through litigation, to prevent their handover to our law enforcement. 

Second, a successful extradition of the brothers will need an unprecedented level of co-operation from political authorities in Dubai who, it must be said until recently have shown very little appetite for urgent engagement on the matter.

But perhaps most important is the burden on the NPA to put to the UEA a water tight case that will be grounds to justify our expectation of their co-operation in the process. 

Unless the NPA gets that right, this much celebrated capture of the Guptas is a futile exercise. 

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