A dearth of consequences: Ajay and Atul Gupta skipped South Africa for Dubai along with brother Rajesh and their families two days after then-president Jacob Zuma stepped down. (Photo by Gallo Images/Business Day/Martin Rhodes)
South Africa is continuing its efforts to extradite brothers Atul and Rajesh Gupta from the United Arab Emirates (UAE) and is also dealing with dozens of requests from around the world for the extradition of wanted criminals.
Minister of Justice and Constitutional Development Thembisile Simelane-Nkadimeng said at a media briefing on Friday: “We are committed to fulfilling our treaty and extradition obligations to ensure that justice is served in all relevant cases.”
She added that recent developments included “ongoing efforts” to extradite the Gupta brothers from the UAE and as well as fugitive Shepherd Bushiri and his wife from Malawi.
In the case of murdered rapper Kiernan Forbes, known as AKA, she said the department was awaiting the judgment on the main extradition application case involving suspects Siyabonga and Malusi Ndimande in eSwatini.
Justice director general Doctor Mashabane said he had visited the UAE just before the 29 May elections to discuss the Gupta extradition matter with the department’s counterparts in that country.
The Guptas are wanted in connection with the findings of the state capture commission, which revealed their alleged involvement in corruption and their close ties with former president Jacob Zuma. The brothers, who have denied the allegations, fled to the UAE where they were arrested last June and extradition talks began. But the UAE turned down South Africa’s extradition request on a technicality.
“The view of the UAE as the matter stands now is that we must resubmit the extradition request, and that has been their view since April last year, when their court took a decision that our application was not in order,” Mashabane said on Friday.
“We as the central authority take the final processes on the basis of what the NPA [National Prosecuting Authority] presents to us, hitherto the view of the NPA has been that we need to understand what was wrong with the previous application and that we have not been provided by the UAE.
“As we stand, we don’t have a new application because we are not getting a feedback from the UAE as to what was wrong with the previous application, save for the fact that they had mentioned that we had attached a cancelled warrant of arrest, but there was also valid warrant of arrest that was attached, and that was mentioned to the UAE. Since then, we have been in that situation.”
He said the NPA would need to provide more information as to whether it accedes to the UAE’s view that South Africa must submit a fresh extradition application.
Simelane-Nkadimeng said South Africa was handling “no less than 40” extradition applications and requests for mutual assistance from countries including Singapore, the Netherlands, Namibia and Botswana.
At the same briefing, NPA director of public prosecutions Shamila Batohi declined to elaborate on the current status of the investigation into the VBS matter allegedly involving EFF leader Julius Malema and his deputy, Floyd Shivambu, who has since left the party.
“We cannot speak about investigations. In fact, it is most unfortunate that the affidavit in the VBS matter was leaked to the press,” Batohi said.
“I urge the press to allow the law enforcement agencies to do their work. And we are certainly continuing with investigations with the DPCI [Directorate for Priority Crime Investigation] that’s leading it and we are working on a prosecutor guided model with the DPCI, and investigations are progressing.”
Simelane-Nkadimeng gave an update on the payout of damages claims by the state to injured victims and families of workers killed during the 16 August 2012 Marikana massacre that left 34 miners dead when police opened fire during a wildcat strike at the Lonmin platinum mine near Rustenburg.
“To date, approximately R352 million has been disbursed in claims related to Marikana. This reflects our ongoing efforts to ensure that those affected receive the compensation they are due,” she said.
“The beneficiaries include the families of the 34 mine workers who lost their lives, as well as the injured and arrested mine workers. Each case has been assessed individually to ensure that compensation aligns with legal frameworks and court directives.”
She said her department had resolved most aspects of the Marikana matter with the exception of constitutional damages, which are under consideration by the Gauteng high court.
Simelane-Nkadimeng said President Cyril Ramaphosa had on Thursday signed a proclamation to bring the NPA Amendment Act into operation, with the exception of section 8.
“The establishment of the Investigating Directorate against Corruption [Idac] as a permanent entity within the National Prosecuting Authority marks a significant milestone in our fight against corruption. Unlike the previous Investigating Directorate, which was subject to dissolution by proclamation, Idac’s permanence ensures its independence and the necessary parliamentary oversight. It also provides the Idac with criminal investigation powers,” she said.
“This will enhance our capacity to combat complex corruption, implement decisions from commissions of inquiry, and uphold the recommendations of the judicial commission of inquiry into allegations of state capture, corruption, and fraud in the public sector.”
Simelane-Nkadimeng said regulations to support the operations of the Idac would be published on 19 August, adding: “We are finalising regulations under section 8, which will allow for the appointment of a retired judge to oversee complaints related to Idac investigators.”
The justice minister said her department was involved in the roll-out of the national anti-corruption strategy, which includes the establishment of anti-corruption forums in the health sector, local government and infrastructure build, led by the Special Investigating Unit (SIU).
A “robust turnaround strategy” to address allegations of fraud, malfeasance, and corruption identified by the SIU was also under way within the offices of the state attorney.
Simelane-Nkadimeng said the Special Tribunal established in 2019 had to date recovered an estimated R15 billion for the state from the perpetrators of corrupt activities.