How long will it take for Guptas be extradited? 'How long is a piece of string?'
- SA and UAE are signing ratification on 10 July to give mutual assistance on criminal matters
- Will this speed up the extradition of the Guptas to South Africa to stand trial for corruption?
- Advocate Anton Katz says it is entirely dependent on UAE law
Will the involvement of Interpol and the ratification on 10 July of an agreement between South Africa and the UAE to give mutual assistance on criminal matters, will the Guptas be appearing in court soon thereafter, asks John?
Advocate Anton Katz specialises in international law and says, on one hand, he thinks this is optimistic.
On the other hand, the fact that the UAE is doing what it is doing could be either symbolic or it could be a demonstration that they are serious about any requests that South Africa might send.Advocate Anton Katz
Will the Guptas be in a courtroom soon after the ratification on 10 July?
On has absolutely no idea, and you ask how long will it take for the Guptas, or anybody, to be extradited? Do you know what the answer is John? How long is a piece of string?Advocate Anton Katz
Katz explains that both South Africa and the UAE are parties to the multilateral United Nations Convention on Corruption.
If anybody has been charged with corruption, parties to that convention have an obligation to extradite to each other those persons who have been sort for corruption.Advocate Anton Katz
Therefore there is no reason why either South Africa or the UAE had to wait for this bilateral treaty to come into operation, he says.
There is already a treaty between them controlling extradition for the purposes of corruption.Advocate Anton Katz
What needs to happen going forward?
It is entirely a question of UAE law and UAE law only, subject to my qualification, that South Africa might send a formal extradition request.Advocate Anton Katz
He says the issues that arise are dealt with the laws and legal system of that country.
But with extradition in particular there are political issues at play and diplomatic issues at play and a whole range of issues unrelated to the pure law of the case often feature.Advocate Anton Katz
Let's hope the request from South Africa is compliant with UAE law - that's the real question.Advocate Anton Katz
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