A Dubai court has rejected South Africa's request to extradite Atul and Rajesh Gupta due to insufficient legal documentation.
Dubai Police arrested the Gupta brothers in June after Interpol had issued a Red Notice against them for allegedly looting billions from state-owned companies in South Africa.
The arrests came after the UAE and South Africa signed an extradition treaty in 2018, which was ratified in 2021.
Following their arrest, South African authorities submitted an extradition request based on two cases of money laundering, fraud and corruption.
The Ministry of Justice said in a statement that the Dubai Court of Appeal rejected the request following a “comprehensive and thorough legal review process” that found the documents submitted were not in line with the extradition agreement between the UAE and South Africa.
The ministry said that based on the extradition treaty, the charge of fraud should be accompanied by a copy of the arrest warrant order. However, the submitted documents for the two accused were cancelled arrest warrant orders.
Also based on the treaty, the charge of corruption should be accompanied by a copy of the arrest warrant order, the court said. The ministry said the “submitted documents are free of the arrest warrant order of the two accused for the charge of corruption”, which also failed to meet the extradition conditions.
The ministry said it received the original extradition file from South African authorities on November 29, after holding several meetings.
The extradition request was referred to the prosecutors to investigate the accused concerning the charges levelled against them.
After a comprehensive investigation, the file was referred to the Court of Appeal, which held three hearings before issuing its decision.
“At every step, UAE judicial authorities briefed their South African counterparts on proceedings,” the ministry said in its statement.
South African authorities can now resubmit the extradition request with new and additional documentation, the ministry added.
On Friday, Abdullah Al Nuaimi, Minister of Justice, spoke by phone with his South African counterpart Ronald Lamola to discuss the ruling on the extradition request.
The three Indian-born brothers, Ajay, Atul and Rajesh, are accused of using close ties with former South African president Jacob Zuma to siphon off billions of rand in state funds and influence Cabinet appointments.
Interpol placed Rajesh and Atul Gupta on its most-wanted list. They are sought by the authorities in South Africa on charges of money laundering and fraud, Bloomberg reported in February.
Once ranked among the country's most prominent businessmen, the South African authorities accuse the Guptas of being at the centre of a web of state corruption during Mr Zuma’s rule, during which the government estimates more than 500 billion rand ($32.3bn) was stolen from its coffers.
The Gupta brothers deny any wrongdoing and have fought the application of the Red Notices, saying they are the victims of a political witch hunt in South Africa.
President Cyril Ramaphosa’s administration first asked the Emirati authorities to extradite the Gupta brothers in 2018.
In 2019, the US also imposed restrictions on the family. These range from visa bans to asset freezes. The UK followed suit a year later.
The brothers, all in their 40s, moved from the northern state of Uttar Pradesh in India to South Africa in 1993 as apartheid was coming to an end.
Their family business, Sahara Computers, was soon established and elevated the Guptas to become one of the country's richest families within two decades.
By 2016, Atul Gupta was reported to have an estimated wealth of $773.47 million (Dh2.8 billion).
The Guptas fled South Africa shortly after Mr Zuma resigned from the presidency in February 2018.
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Tailors and retailers miss out on back-to-school rush
Tailors and retailers across the city said it was an ominous start to what is usually a busy season for sales.
With many parents opting to continue home learning for their children, the usual rush to buy school uniforms was muted this year.
“So far we have taken about 70 to 80 orders for items like shirts and trousers,” said Vikram Attrai, manager at Stallion Bespoke Tailors in Dubai.
“Last year in the same period we had about 200 orders and lots of demand.
“We custom fit uniform pieces and use materials such as cotton, wool and cashmere.
“Depending on size, a white shirt with logo is priced at about Dh100 to Dh150 and shorts, trousers, skirts and dresses cost between Dh150 to Dh250 a piece.”
A spokesman for Threads, a uniform shop based in Times Square Centre Dubai, said customer footfall had slowed down dramatically over the past few months.
“Now parents have the option to keep children doing online learning they don’t need uniforms so it has quietened down.”
More from Rashmee Roshan Lall
Other ways to buy used products in the UAE
UAE insurance firm Al Wathba National Insurance Company (AWNIC) last year launched an e-commerce website with a facility enabling users to buy car wrecks.
Bidders and potential buyers register on the online salvage car auction portal to view vehicles, review condition reports, or arrange physical surveys, and then start bidding for motors they plan to restore or harvest for parts.
Physical salvage car auctions are a common method for insurers around the world to move on heavily damaged vehicles, but AWNIC is one of the few UAE insurers to offer such services online.
For cars and less sizeable items such as bicycles and furniture, Dubizzle is arguably the best-known marketplace for pre-loved.
Founded in 2005, in recent years it has been joined by a plethora of Facebook community pages for shifting used goods, including Abu Dhabi Marketplace, Flea Market UAE and Arabian Ranches Souq Market while sites such as The Luxury Closet and Riot deal largely in second-hand fashion.
At the high-end of the pre-used spectrum, resellers such as Timepiece360.ae, WatchBox Middle East and Watches Market Dubai deal in authenticated second-hand luxury timepieces from brands such as Rolex, Hublot and Tag Heuer, with a warranty.
Results
4.30pm Jebel Jais – Maiden (PA) Dh60,000 (Turf) 1,000m; Winner: MM Al Balqaa, Bernardo Pinheiro (jockey), Qaiss Aboud (trainer)
5pm: Jabel Faya – Maiden (PA) Dh60,000 (T) 1,000m; Winner: AF Rasam, Tadhg O’Shea, Ernst Oertel
5.30pm: Al Wathba Stallions Cup – Handicap (PA) Dh70,000 (T) 2,200m; Winner: AF Mukhrej, Tadhg O’Shea, Ernst Oertel
6pm: The President’s Cup Prep – Conditions (PA) Dh100,000 (T) 2,200m; Winner: Mujeeb, Richard Mullen, Salem Al Ketbi
6.30pm: Abu Dhabi Equestrian Club – Prestige (PA) Dh125,000 (T) 1,600m; Winner: Jawal Al Reef, Antonio Fresu, Abubakar Daud
7pm: Al Ruwais – Group 3 (PA) Dh300,000 (T) 1,200m; Winner: Ashton Tourettes, Pat Dobbs, Ibrahim Aseel
7.30pm: Jebel Hafeet – Maiden (TB) Dh80,000 (T) 1,400m; Winner: Nibraas, Richard Mullen, Nicholas Bachalard
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The biog
Favourite pet: cats. She has two: Eva and Bito
Favourite city: Cape Town, South Africa
Hobby: Running. "I like to think I’m artsy but I’m not".
Favourite move: Romantic comedies, specifically Return to me. "I cry every time".
Favourite spot in Abu Dhabi: Saadiyat beach