State vs the Guptas: NPA under pressure to file further state capture cases against Rajesh, Atul

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A group of people protest outside the United Arab Emirates' (UAE) embassy calling for the speedy extradition of the Guptas. File Photo.
A group of people protest outside the United Arab Emirates' (UAE) embassy calling for the speedy extradition of the Guptas. File Photo.
Deaan Vivier, Gallo Images, Beeld

News24 in Dubai - The National Prosecuting Authority (NPA) has less than 50 days to formally charge Atul and Rajesh Gupta with further state capture offences if it wants them to face more than just the R24.9 million Nulane scam prosecution.

That's because the terms of South Africa's extradition agreement with the UAE make it clear the brothers, who are currently in custody in Dubai, can only be extradited if they have been charged with or convicted of an extraditable offence.

Crucially, while the treaty makes provision for the charges against the Guptas to potentially be modified after they are extradited, these modified charges must be "based on substantially the same facts contained in the extradition request and its supporting documents and punishable by the same maximum penalty; or a lesser penalty…"

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