South Africa: A Long, Complex Legal Road Lies Ahead Before the Guptas Can Be Extradited to South Africa

Professor Dr Omphemetse S Sibanda is a Professor of Law and the Executive Dean of the Faculty of Management and Law at the University of Limpopo. He holds a Doctor of Laws (in International Economic Law) from North West University, a Master of Laws from Georgetown University Law Centre, US; and an LLB (Hon) and B Juris from the then Vista University, Soweto Campus.

Although the arrest of Rajesh and Atul Gupta in the UAE is an important milestone for the National Prosecuting Authority, there is not much to celebrate yet.

The news of the arrest of Rajesh and Atul Gupta in Dubai, United Arab Emirates (UAE) has created a great buzz in South Africa. Calls for their extradition and presentation before the South African criminal justice system are heard from all over.

This will be the first high-profile extradition case between the UAE and South Africa. It may not be on the scale of extraditions involving organised or violent criminals, such as that of Joaquín Guzmán Loera (El Chapo).

But the scale of State Capture and the individuals alleged to have been part of it, including putting it on the doorstep of the ruling ANC, will make the Gupta…

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