This was revealed by Justice and Correctional Services Minister Ronald Lamola during a Q&A session in Parliament on Wednesday.

“At this stage, the extradition proceedings are still ongoing in the UAE and, therefore, sub judice. The Department of Justice is engaging with the authorities in the UAE on an ongoing basis,” he said.

Government, in July, officially submitted its extradition request for the Gupta brothers after South Africa and the UAE had ratified an international agreement to extradite the brothers.

The Agreements on Mutual Legal Assistance (MLA) in Criminal Matters and Extradition between South Africa and the Middle Eastern country was initially signed in 2018.

‘They are in their cells’

During Wednesday’s proceedings, the minister revealed that the brothers were denied bail, adding that the extradition process was well within the 60-day treaty time frame.

“We have received a note verbale which is a formal confirmation by the UAE government authorities that the two Gupta brothers are in their cells.

“They’ve also informed us that they’ve attempted on several occasions to apply for bail and their bail was denied,” Lamola said.

“And I can confirm it is not taking time, it is still within the period of the treaty within the treaty’s agreement that we need to submit within 60 days, which we did and they now have to access it with this period. We do believe that the ongoing engagements will enable us to find a solution at the end in terms of the extradition process,” he added.

Extradition red tape

Lamola further explained why extraditions had a criminal side and a diplomatic side, both of which were handled by different departments.

“It’s not only a matter handled by the NPA [National Prosecuting Authority]. It has a relay effect after the NPA has dealt with the charges and the indictment, it then hands over the central authority,” the minister said.

The Gupta brothers were reportedly arrested on 3 June, although this was only confirmed by the Department of Justice and Correctional Services (JCS) on 6 June.

The authorities in South Africa had been in talks with the UAE for the extradition of the brothers so they could stand trial on fraud charges.

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The brothers have been charged in the R24.9 million Nulane Investment case in the Free State, which will go on trial from 23 January 2023 until 3 March 2023.

They have also been charged in connection to Estina Dairy project case.

According to the National Director of Public Prosecutions (NDPP), Shamila Batohi, the extradition process for the Guptas “could take several months”.

Salim Essa

While the NPA has already indicated that the state has issued warrants of arrest for Gupta-associate Salim Essa, Lamola said: “Indeed, we will treat it like any other process that will come through and we'll make sure it complies with the law and follows what is due of us, sending it to the relevant central authority in whatever country they will want us to do.”

Like the Gupta brothers, Essa is under international sanctions imposed by the UK in 2021, as well as those imposed by the US under its Global Magnitsky Act in October 2019.

The Guptas and their family members fled the country in 2018 to the UAE after law enforcement agencies ramped up their investigations into allegations of state capture.

The Citizen/Molefe Seeletsa