The National Prosecuting Authority (NPA) is working on the paperwork necessary for the extradition of Dubai-based Gupta family associate Salim Essa.
Essa is implicated in the Transnet fraud and corruption case which also involves the parastatal's former group CEOs Brian Molefe and Siyabonga Gama. The matter returns to court next month.
NPA spokesperson Mthunzi Mhaga said on Friday a team was working on the process of getting Essa back from the United Arab Emirates.
Two weeks ago, warrants of arrest were issued for Essa and another Gupta associate, Ashok Narayan, with the NPA's Investigating Directorate indicating it expected to make an arrest before the matter returned to court.
Narayan was apparently a former adviser to then Free State premier Ace Magashule on the controversial Vrede dairy project which saw public funds meant to empower emerging farmers channelled to companies linked to the Guptas.
Essa and Narayan are expected to be charged alongside Essa's former partner at Trillian, Eric Wood, and Regiments directors Niven Pillay and Litha Nyhonyha, on charges stemming from the locomotives transaction advisory tender awarded in 2012. This was a precursor to the R54bn contract to provide 1,064 locomotives.
This comes as the NPA awaits developments in the extradition process of two Gupta brothers, Atul and Rajesh, who are still being held in a Dubai jail.
“The Investigating Directorate awaits feedback (on the extradition process of the Gupta brothers) which is done directly through the central authority [department of justice],” Mhaga said.
Essa's lawyer Mike Hellens did not respond to requests for comment sent to him on Friday via SMS and WhatsApp.
Essa, a Gupta business partner, was mentioned more than 800 times in the report of the state capture commission which he is taking on review to the high court in Johannesburg.
On July 27, Essa deposed to a 23-page affidavit at the South African consulate in Dubai in which he complains that he was treated unfairly and said “parts of the report in which findings and/or recommendations are made in respect of me ought to be reviewed and set aside”.
Zondo recommended Essa be criminally investigated and possibly prosecuted in connection with “various contracts concluded between 2012 and 2016 that led to the payment of at least R7.34bn in kickbacks” to companies controlled either by him or the Gupta family.
He is also alleged to have played a role in the controversial purchase of Optimum Coal Mine for the Gupta family and allegedly tried to buy Habib Overseas Bank when SA’s major banks refused to do business with the Guptas.
Justice minister Roland Lamola's spokesperson, Chrispin Phiri, said they were awaiting responses from their Emirati counterparts on the extradition of the Guptas.
“All we were informed about is that the Gupta brothers applied for bail which was declined. From our side we cannot put timelines on the extradition processes, it's wait and see,” Phiri said.
Phiri said all the department knew was that Atul and Rajesh were still in custody and they were not privy to details on where they were being held.
“From now it's the Emirati department of justice which will present the extradition request to a judicial officer and the court will determine if they're extraditable,” Phiri said.
Wood is in Europe visiting family after the Specialised Commercial Crimes Court relaxed his bail conditions more than a week ago. Mhaga said Wood was expected back in SA before September 30, two weeks before his next court appearance.
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