NPA to revive Guptas' extradition attempts

This comes as the NPA has been at the receiving end of criticism over its handling of extradition applications in high-profile cases.

In the latest blow, the High Court in Bloemfontein released the former assistant to ex-Free State Premier Ace Magashule, Moroadi Cholota, from the R255 million asbestos corruption case, after it found her extradition from the United States was unlawful.

READ: Cholota ‘free to leave’ after extradition ruled unlawfulJacaranda FM

Rajesh and Atul Gupta, who were arrested in Dubai in 2022, are accused of involvement in state capture during former president Jacob Zuma’s term in office.

Among the cases they were implicated in is the Nulane Vrede Dairy Farm case.

Last week, the Supreme Court of Appeals overturned an earlier decision to acquit all of the accused in the Nulane case, paving the way for a retrial.

READ MORE: NPA welcomes SCA reversal of Nulane acquittals

Addressing the Standing Committee on Public Accounts on Wednesday, the head of the NPA’s investigative directorate, Advocate Andrea Johnson, said they have yet to be given reasons behind the failed extradition by authorities in the United Arab Emirates.

Johnson maintains the NPA did not fail the extradition.

“When the UAE decided not to extradite the Guptas, we wrote to them; 12 note verbale later, we still don’t have any response from the UAE about why the extradition failed. Safe to say that they have asked us to resubmit.

“How do you resubmit when you’ve submitted a full set of papers that have been properly checked, even by themselves. It does put you in somewhat of a predicament – do you send these papers so that they are a so-called ‘failed attempt’ again?”

She explained how they intend to go about the new application to try to avoid disappointment.

“We’ve taken a decision to submit new applications with additional matters. The country also can’t wait while the NPA has to follow legal processes. So, having taken that into account, the public interest, and the interest of justice, we’ll submit new applications not just on the Estina and Nulane matters. We’re going to apply for extraditions in relation to other state capture matters.”

OMOTOSO ‘NO WIN CASE’ – BATOHI

The head of the NPA  has described the case of alleged rapist and Nigerian televangelist Timothy Omotoso as a “no win”.

This after SCOPA chairperson Songezo Zibi questioned the speed at which he was deported – after the court acquitted him on rape and human trafficking charges.

Judge Irma Schoeman said the state failed to prove its case beyond reasonable doubt – and pointed at the conduct of prosecutors.

READ: ‘Undesirable’ Omotoso leaves SA

Batohi says that had the televangelist stayed in the country a free man, that may not have sat well with his victims, who have lamented the outcome of the court process.

She emphasised that Omotoso can still be tried should the NPA’s appeal application succeed.

“The fact that he’s had to flee from South Africa means that he’s not been able to live his life the way that he would like to. In the meantime, the appeals process could take years. Nigeria is a country that we do have an extradition treaty, and the other multilateral treaties that we can draw on to bring him back when we should.”

ALSO READ: