Q&A with Andrea Johnson, head of the NPA's Investigating Directorate

After the failure of South Africa's Gupta extradition application the focus is on a successful appeal. Chris Barron asked Andrea Johnson, head of the NPA's Investigating Directorate who is overseeing the process...

Why wasn't the NPA seized with a greater sense of urgency right at the start of this process?

We reacted immediately once we heard that they were arrested on red notices.

Why did it take almost three months to respond to the UAE's request for the Guptas'  pictures and fingerprints after the red notices were issued?

We didn't take three months. I think it was in three or four days that we sent them the information. They then requested new photos and fingerprints of one of the accused in a different format. We found out that home affairs would have to assist with that.

Is that why it took almost three months?

From the initial request it took a month and a half.

Has the six-week delay from when the application was turned down to when you heard about it harmed your chances of lodging an appeal within the prescribed timeframe?

It seems the act of the treaty allows an appeal after 30 days, but 30 days of being informed or 30 days of the court process? We still do not have a plausible explanation about the delay in providing us with the necessary information. We had been trying to find out through the central authority where they were in the process. When they responded it was to say, “Your application is not successful.”

So you have no idea what the deadline is for your appeal?

My team is looking at it. We want more questions answered before we can make the final determination. We don't know how many processes took place before the appeal [against the application], what those processes were.

How closely did you monitor the application process?

We monitored it through the formal channel. We got no feedback. When the appeal was heard we didn't even know it was set down for appeal

Shouldn't you have had more eyes and ears on the ground?

Absolutely not. On what legal basis? We are bound by the central authority and the treaty. We have to respect the sovereignty of the UAE. We have to follow protocol.

Wouldn't it have helped you know more about what was going on?

We said to them, "If you inform us when court proceedings are to take place we are happy to send a delegation. We will provide you with any information you need." We were not invited.

Did you at any point suspect there was a political agenda at play?

I don't enter that fray. I have to work on what we did, that we did it correctly and followed the protocols. Of course, in reality there must be different forces at play, but I'm not privy to them

If so, what are the chances of a successful appeal?

Not knowing exactly what is at play or who pulls the strings does make it quite difficult.

If it's ultimately about politics would pressure of some kind by President Ramaphosa on the UAE to extradite have helped?

I can't comment on what would have worked. How we do things does not involve the president.