Minister of Justice Ronald Lamola has denied that South African authorities are at the mercy of the United Arab Emirates (UAE) government in relation to the extradition of Atul and Rajesh Gupta to South Africa to face charges related to the looting of State funds.

Lamola said it should be noted that extradition can be a protracted legal process that is also a policy-centric and politically diplomatic process across the globe.

The Gupta brothers fled the country as the news surfaced during the State Capture Commission, led by Justice Raymond Zondo, that they allegedly looted State funds under the Jacob Zuma administration, dubbed the “nine wasted years”.

Speaking to a local media broadcaster, Lamola gave assurance that the brothers would definitely come back to South Africa, although it could take time.

He said the National Prosecution Authority (NPA) was preparing the extradition papers that his department will be sending to UAE counterparts, through diplomatic channels, within 60 days, as per the extradition treaty.

He said court processes on whether the pair were extraditable or not were also due to take place.

It has been reported that the brothers were placed on Interpol’s red notice list last year for the R25-million Nulane investments matter.

“Our role is to convey a diplomatic engagement between ourselves and the central authority in the UAE. The NPA is dealing with the charges, evidence and other processes. Our obligation will be to ensure that the papers are in line with the extradition treaty as we take them to the UAE,” explained Lamola.

He said the extradition treaty allowed for the NPA to provide charges that they believed comprised extraditable conduct and that they believed they can prove in court beyond any reasonable doubt. 

Lamola said the bail application would be discussed by the NPA and their counterparts in the UAE.

“We want to ensure that the process is not contaminated by unnecessary ulterior motives. It must be informed by the law, the NPA Act and the Extradition Act of our country and the extradition treaty between the UAE and South Africa. It is important that we are compliant with the treaty,” stressed Lamola.