Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Africa Bitcoin Corporation board quits in shareholder clash - Stafford Masie

      Africa Bitcoin Corporation board quits in shareholder clash

      12 October 2026
      Capitec is setting traps for scammers' mule accounts - Andrew Baker

      Capitec is setting traps for scammers’ mule accounts

      12 October 2026
      Sars to pay Microsoft and IBM R2.75-billion in sole-source deals

      Sars to pay Microsoft and IBM R2.75-billion in sole-source deals

      12 October 2026
      Microsoft president says milk faces more regulation than AI - President Cyril Ramaphosa with Microsoft president and vice chairman Brad Smith

      Microsoft president says milk faces more regulation than AI

      12 October 2026
      Xiaomi wants to sell South Africans a lot more than phones - Tianshi Lv

      Xiaomi wants to sell South Africans a lot more than phones

      12 October 2026
    • World
      AI is now holding up the world economy, says IMF

      AI is now propping up the world economy, says IMF

      12 October 2026
      SpaceX takes aim at US wireless carriers with spectrum acquisition

      Starlink is coming for your mobile operator

      9 October 2026
      The AI PC is finally here. It's just very expensive - Jensen Huang, Satya Nadella

      The AI PC is finally here. It’s just very expensive

      8 October 2026
      The memory crunch is making Samsung fabulously rich

      The memory crunch is making Samsung fabulously rich

      8 October 2026
      SpaceX to borrow $40-billion to buy Nvidia chips

      SpaceX to borrow $40-billion to buy Nvidia chips

      7 October 2026
    • In-depth

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
    • TCS
      W&W | LDV's Gerhard Moolman on electric bakkies, fleet orders and 'school fees'

      W&W | LDV’s Gerhard Moolman on electric bakkies and fleets

      9 October 2026
      TCS | Frogfoot sees bigger fibre deals coming - TechCentral Show guests Abraham van der Merwe and Shane Chorley

      TCS | Frogfoot sees bigger fibre deals coming

      8 October 2026
      Meet the CIO | Vodacom's Mohamed Sami on the agentic future

      Meet the CIO | Vodacom’s Mohamed Sami on the agentic future

      5 October 2026
      Lexi Novitske, general partner at Norrsken22, on the TechCentral Show

      TCS | Norrsken22’s Lexi Novitske on how China is winning African tech

      1 October 2026
      TCS | Dominic White and Adam Ely on AI agents going rogue

      TCS | Dominic White and Adam Ely on AI agents going rogue

      29 September 2026
    • Opinion
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Let South Africans jailbreak their way to digital sovereignty

      5 October 2026
      South Africa's next energy crisis is in the accounts department - Craig Holmes

      South Africa’s next energy crisis is in the accounts department

      29 September 2026
      The steam engine lesson AI doomsayers keep missing - Sam Clarke

      The steam engine lesson AI doomsayers keep missing

      28 September 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Regulating AI: apply the laws we have first

      21 September 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » What it will take to bring the Guptas to justice

    What it will take to bring the Guptas to justice

    By The Conversation22 June 2022
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Now that Rajesh and Atul Gupta have been arrested in the United Arab Emirates, there is a great deal of speculation as to when the brothers may ultimately set foot on South African soil to face charges of money laundering and other financial crimes.

    The brothers are the alleged kingpins behind state capture in South Africa – the massive corruption and repurposing of state organs for private gain during the ruinous reign of their friend, former President Jacob Zuma. They fled South Africa for Dubai in April 2016.

    The judicial commission into state capture and corruption – the Zondo Commission – found that the Gupta family had considerable access to Zuma, influencing political decisions, such as ministerial appointments and staffing at the various state-owned enterprises, and rearrangement of the revenue service to advance their financial interests.

    Arresting a suspect in pursuance of an extradition order usually signals a preliminary legal victory

    The evidence outlined in the Zondo Commission reports offers substantive, chronological and narrative detail. That’ll assist prosecutors in building cases of fraud, money laundering and a host of other financial crimes against named individuals, including Rajesh and Aptul Gupta.

    This means that South Africans are now aware, having been provided with considerable information and in great detail, about the financial malfeasance that had been carried out for over a decade or more.

    Despite this, there have only been a few arrests, and even a smaller number of prosecutions. Having the Guptas in court will send a strong signal that the days of impunity are over.

    The likelihood of the brothers ultimately being forced to face their alleged crimes depends on how strong the case against them is, and how adroit the prosecutors are. So far, it’s clear that there is a very strong case against the brothers. But the jury is still out on the ability of the country’s prosecutors to do a good job.

    Nevertheless, it’s important to understand bringing the Guptas to account might take a while.

    A drawn out process

    Arresting a suspect in pursuance of an extradition order usually signals a preliminary legal victory for the requesting country. Once the fugitive is in police custody, formal proceedings may start to have the suspect brought to trial.

    But the victory is usually short-lived. This is because the process of extradition is lengthy, often proceeding in fits and starts. It may in fact take years to bring the suspect to justice.

    A recent international example is the case of Julian Assange’s extradition from the UK to the US to face espionage charges, which has been in the works for over a decade. Assange has used court challenges and extra-legal measures (refuge in the Ecuadorian Embassy in London) to halt his extradition.

    One closer to home is the case of Mozambique’s former finance minister, Manuel Chang, who is wanted in both Mozambique and the US for corruption involving US$2-billion. The high court in Johannesburg has ruled that Chang, who has been in jail in South Africa since 2018, be extradited to the US for trial.

    It is probable that the Guptas will use the court systems in both the UAE and South Africa to delay their day of legal reckoning. They are also likely to seek political or diplomatic alternatives to facing trial in South Africa.

    These could include, for example, seeking intervention from the Indian or UAE governments to pursue a legal settlement that might involve returning their allegedly ill-gained revenue in exchange for withdrawing the charges.

    Strong case

    The first precondition for securing the brothers’ presence in court would be a bulletproof case by South Africa’s National Prosecuting Authority. This must withstand both South African and UAE judicial scrutiny. Such a case would have to be built on an incontrovertible body of evidence including sworn documents, financial records, witness testimony and an irreproachable timeline of misdeeds.

    Such a bulletproof case is mapped out in voluminous detail in the reports of the Zondo Commission. The reports outlined how Zuma’s friends and associates diverted billions of rand from parastatals to offshore accounts, mostly at the behest of the Gupta family.

    A searing example is the purchase by Transnet, the transport parastatal, of unsuitable locomotives, in violation of state procurement laws and policies, and with allegedly huge kickbacks to the Guptas. Another example is the slew of criminal activities at Eskom that were allegedly devised entirely to profit the Gupta family and their enablers in the governing party.

    These financial crimes have had several deleterious effects on South Africa. They robbed South Africans of basic social and economic resources (electricity, transport) they need to live a decent life. Even with prosecutions, it may take years (if at all) to recoup the stolen money.

    In short, the Gupta footprint is all over the thousands of pages of the Zondo Commission report. The task is now up to the NPA to develop an unimpeachable case against Rajesh and Aptul Gupta.

    Prosecutors

    The second precondition to ensuring the Guptas return to South Africa to face charges is the adroit handling and ultimate success of the prosecutors in prevailing over the many legal challenges that are certain to be raised by the Gupta brothers.

    It helps that the brothers have lost their enormous influence and access to South Africa’s presidency and other senior ANC politicians with the election of Cyril Ramaphosa as party leader in 2017, and president in 2018.

    The jury is still out as to whether the National Prosecuting Authority, which was hollowed out as part of the state capture project, has the capability to successfully prosecute those implicated in the Zondo Commission reports.

    Despite the appointment of new leadership three years ago, and formal support from President Ramaphosa, the agency continues to be underfunded. The record so far does not inspire confidence.

    The prosecution of those named in the Zondo Commission reports remain lacklustre. This is so despite the public commitment made by the prosecutors in the wake of the Zondo Commission reports.

    Yet the expectations of South Africans that the state will succeed in prosecuting those who have committed atrocious financial crimes remain high. Despite its disappointing record, the prosecuting authority has been giving a vital legal lifeline by the Zondo Commission reports, with their detailed listing and description of the crimes committed.

    The prosecuting authority has also enlisted some of the country’s leading legal minds from the private sector in efforts to extradite the Guptas, and to prosecute state capture cases. This bodes well for ensuring that the Gupta brothers will face charges in a South African court.

    South Africa’s prosecutors should seize the lifeline provided by the Zondo Commission, and the addition of capable legal talent, to reinvigorate a distressed institution.

    Successful prosecution of the Guptas and others implicated in state capture will be good for the prosecutors’ reputation. It’ll also be good for the country – in economic and political terms. Their success will be appreciated not just locally, but could serve as a model for prosecuting corruption in Africa – and globally.The Conversation

    • The author, Penelope Andrews, is professor of law, New York Law School
    • This article is republished from The Conversation under a Creative Commons licence
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Atul Gupta Jacob Zuma National Prosecuting Authority NPA Penelope Andrews Rajesh Gupta
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleInflation in South Africa spikes higher
    Next Article Winter 1, Eskom 0

    Related Posts

    The end is nigh, and the shares go on sale in October - Duncan McLeod

    Hold the doom: the case for a South African comeback

    26 February 2026
    Television at 50 | How the SABC lost its way - and what it must become

    Television at 50 | How the SABC lost its way – and what it must become

    5 January 2026
    ICT BEE fight deepens as MK, EFF target Malatsi - Colleen Makhubele

    ICT BEE fight deepens as MK, EFF target Malatsi

    15 December 2025
    Company News
    Why fintechs need an insurance partner they can trust - Hollard Insurance

    Why fintechs need an insurance partner they can trust

    8 October 2026
    Reusable KYC means the end of 'please upload your ID' - Contactable

    Reusable KYC means the end of ‘please upload your ID’

    8 October 2026
    Eliminating the 'toggle tax': how CRM integration changes customer experience - Martie de Beer

    Eliminating the ‘toggle tax’: how CRM integration changes customer experience

    8 October 2026
    Opinion
    When a machine can choose, who does it become? Fanie van Rooyen

    When a machine can choose, who does it become?

    9 October 2026
    Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

    Let South Africans jailbreak their way to digital sovereignty

    5 October 2026
    South Africa's next energy crisis is in the accounts department - Craig Holmes

    South Africa’s next energy crisis is in the accounts department

    29 September 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Africa Bitcoin Corporation board quits in shareholder clash - Stafford Masie

    Africa Bitcoin Corporation board quits in shareholder clash

    12 October 2026
    Capitec is setting traps for scammers' mule accounts - Andrew Baker

    Capitec is setting traps for scammers’ mule accounts

    12 October 2026
    Sars to pay Microsoft and IBM R2.75-billion in sole-source deals

    Sars to pay Microsoft and IBM R2.75-billion in sole-source deals

    12 October 2026
    Microsoft president says milk faces more regulation than AI - President Cyril Ramaphosa with Microsoft president and vice chairman Brad Smith

    Microsoft president says milk faces more regulation than AI

    12 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter