Cape Town – Justice and Constitutional Development Minister Ronald Lamola dismissed suggestions that holding a joint briefing with the National Prosecuting Authority (NPA) head Shamila Batohi on the extradition of the Gupta brothers was unwise and blurred the independence of the prosecuting body.
Responding to oral questions in the National Assembly from DA MP Glynnis Breytenbach, Lamola said that would mean that he could not be in the same room with Batohi, the NPA, prosecutors and judges.
“Independence means I can’t interfere with prosecutorial decisions,” he said.
The Gupta brothers, Rajesh and Atul, were arrested in the United Arab Emirates in June after Interpol issued red notices.
The pair was arrested in connection with the charges related to procurement fraud involving R24.9 million paid between November 2011 and April 2012 by the Free State Department of Agriculture to a company called Nulane Investments 204.
In the wake of the Gupta brothers’ arrest, Lamola and Batohi held a briefing to give an update on the extradition of the pair.
Lamola said the extradition briefing dealt with criminal and diplomatic aspects handled by the NPA and his department, respectively.
“It is not only a matter handled by the NPA,” he said.
“We will continue to work together as long as we don’t interfere with prosecutorial decisions,” Lamola added.
The minister informed the MPs that the request for extradition of Atul and Rajesh was handed to the United Arab Emirates on July 25.
“At this stage extradition proceedings are ongoing and therefore sub judice. The department of Justice and Constitutional Development engages with the UAE authorities on an ongoing basis,” he said.
Lamola also said his department has capacity and through cooperation with Dirco to follow up with counterparts with the jurisdictions where extradition applications have been made, Including UAE and Malawi.
Asked if the Guptas were indeed arrested and were in detention, Lamola said they received formal confirmation that the two brothers were in the cells and that they attempted to apply for bail but it was denied.
“Our authorities were there to deliver the extradition request personally and it was confirmed that they were arrested in the UAE,” he said.
Lamola agreed with ACDP’s Steve Swart that the extradition process could be subject to appeals and could take months and years to finalise.
He also said they have confidence in the process.
Cape Times
