Justice minister Ronald Lamola has taken a dig at his predecessor, Michael Masutha, arguing that he was wrong to decide that former Mozambican finance minister Manuel Chang should be extradited to his home country rather than the US to face fraud charges.
Lamola will this week approach the North Gauteng High Court to review and set aside the decision made by Masutha two months ago to send Chang back to Mozambique.
Chang was arrested in December 2018 at OR Tambo International Airport at the request of US authorities for his alleged involvement in a $2bn (about R28bn) fraud.
After seeking legal advice, Lamola says Masutha's decision, taken on his last day as justice minister, was "irrational, and inconsistent with the constitution".
The US government yesterday welcomed Lamola's decision to halt Chang's extradition to Mozambique.
Embassy spokesperson Robert Mearkle said Washington continued to encourage the South African government to honour the US extradition request.
"Mr Chang is alleged to be part of a sophisticated criminal enterprise that engaged in financial crimes designed to defraud both the Mozambican people and international investors - an enterprise that we continue to believe the US justice system is best placed to prosecute successfully."
In legal papers prepared for the court application, Lamola argues that Masutha's decision ran counter to domestic, regional and international treaties.
A New York court has indicted Chang on several charges, including conspiracy to commit wire fraud, securities fraud and money laundering.
This is in relation to loans guaranteed by the Mozambican government and signed off by Chang when he was finance minister between 2005 and 2015.
The Mozambican government took out loans amounting to $2bn to buy a tuna fishing fleet and surveillance ships, but hid the transaction from parliament and international donors.
The hidden debt plunged Mozambique into its worst financial crisis since independence in 1975.
An independent audit found that a quarter of the loan amount was diverted, and unaccounted for.
The US alleges at least $200m was spent on bribes and kickbacks, including $12m on Chang.
US authorities asked SA to extradite Chang but Masutha acceded instead to a request by Mozambique to have him returned home to face prosecution.
Lamola argues that Masutha was mistaken in believing that Maputo would revoke Chang's immunity from prosecution.
"It is therefore not clear that Mr Chang would be liable to a lawful prosecution should he be surrendered to the authorities in Mozambique," Lamola said in the draft papers.
Vusi Madonsela, director-general in the department of justice, says in the court papers: "The then minister, unwittingly or otherwise, did not satisfy himself that the overarching purpose and requirements of extradition will be served by his order to direct the surrender of Mr Chang to the government of Mozambique … The decision is subject to review in that it is inconsistent with the constitution, the principle of legality and the rule of law."
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