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"title": "‘I’m no fugitive — I emigrated to Dubai,’ says Gupta Inc’s Salim Essa",
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"description": "Daily Maverick is an independent online news publication and weekly print newspaper in South Africa.\r\n\r\nIt is known for breaking some of the defining stories of South Africa in the past decade, including the Marikana Massacre, in which the South African Police Service killed 34 miners in August 2012.\r\n\r\nIt also investigated the Gupta Leaks, which won the 2019 Global Shining Light Award.\r\n\r\nThat investigation was credited with exposing the Indian-born Gupta family and former President Jacob Zuma for their role in the systemic political corruption referred to as state capture.\r\n\r\nIn 2018, co-founder and editor-in-chief Branislav ‘Branko’ Brkic was awarded the country’s prestigious Nat Nakasa Award, recognised for initiating the investigative collaboration after receiving the hard drive that included the email tranche.\r\n\r\nIn 2021, co-founder and CEO Styli Charalambous also received the award.\r\n\r\nDaily Maverick covers the latest political and news developments in South Africa with breaking news updates, analysis, opinions and more.",
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"contents": "<span style=\"font-weight: 400;\">Salim Essa says he is willing to put up a “reasonable amount” of cash to keep alive his legal challenge of the State Capture report. He says the R5-million demanded by South Africa’s courts is “patently extortionist”.</span>\r\n\r\n<span style=\"font-weight: 400;\">Essa, a key player in the Gupta brothers’ network, filed a high court application last August to overturn the report as it relates to him. The State Capture Commission, represented by the State Attorney, countered with an interlocutory application for the security of costs amounting to R5-million.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is partly because the commission deems Essa a fugitive from justice, making the chances of recovering taxpayer funds a concern should he lose the case.</span>\r\n\r\n<span style=\"font-weight: 400;\">Essa is opposing the application for security for costs and has submitted a 23-page answering affidavit in which he challenges the commission’s contention that he is a fugitive.</span>\r\n\r\n<span style=\"font-weight: 400;\">He also labels as defective and “patently extortionist” the commission’s R5-million demand for security and says it is aimed at shutting the door on his review bid.</span>\r\n\r\n<span style=\"font-weight: 400;\">It would be more apt, he says, for the registrar of the high court to determine a reasonable amount, one that he would be willing to abide by.</span>\r\n\r\n<span style=\"font-weight: 400;\">Besides, says Essa, the State Attorney cannot seriously contend that it and its counsel will charge R5-million to argue the review application. “If that is the contention, it constitutes the grossest form of wasteful expenditure of state money that one can imagine,” says Essa, ironically a man accused of raking in millions of rands from questionable deals involving state-owned companies.</span>\r\n\r\n<span style=\"font-weight: 400;\">Essa says that, in order to be labelled a fugitive from justice, he must have deliberately placed himself beyond the jurisdiction of the court to evade justice.</span>\r\n<h4><b>‘A false distortion of the facts’</b></h4>\r\n<span style=\"font-weight: 400;\">The commission, Essa says, argues that his move to Dubai was tantamount to him refusing to subject himself to legal process in South Africa.</span>\r\n\r\n<span style=\"font-weight: 400;\">“This is a false distortion of the facts,” he contends.</span>\r\n\r\n<span style=\"font-weight: 400;\">Essa confirms that he moved to Dubai in August 2017, before the establishment of the commission. This was roughly three months after the #GuptaLeaks emerged into the public domain.</span>\r\n\r\n<span style=\"font-weight: 400;\">It was five months before former president Jacob Zuma — acting on a 2016 recommendation of former Public Protector Thuli Madonsela — established the State Capture Commission and appointed then Deputy Chief Justice Raymond Zondo as chairperson.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I did not move to Dubai to avoid subjecting myself to the legal process of South Africa. Rather, I moved there because I felt that there would be better business opportunities for me in Dubai than in South Africa; for a safer and better life for my family and I felt that my children would enjoy better schooling and university in Dubai.”</span>\r\n\r\n<span style=\"font-weight: 400;\">His move to Dubai, says Essa, had nothing to do with evading justice or avoiding any legal scrutiny. He has never hidden his local address from anyone, he says.</span>\r\n\r\n<span style=\"font-weight: 400;\">“They are well aware that I live in Dubai, and where to find me.”</span>\r\n\r\n<span style=\"font-weight: 400;\">He adds it is a “blatant mistruth” that he has wilfully avoided the law by fleeing South Africa.</span>\r\n\r\n<span style=\"font-weight: 400;\">“No process of law has ever been issued against me. I was never served with a subpoena legally requiring me to give evidence and, accordingly, cannot be accused of contemptuously refusing to give evidence at the commission.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Neither has he ever been criminally charged, nor had any civil claims been instituted against him in relation to any alleged State Capture, he asserts.</span>\r\n\r\n<span style=\"font-weight: 400;\">It appears that Essa is relying on the fact that the current criminal and civil cases against him were launched after his departure from South Africa.</span>\r\n\r\n<span style=\"font-weight: 400;\">He is listed as the 12th defendant in a multibillion-rand civil claim filed by Eskom and the Special Investigating Unit against the Guptas and various former executives or board members of the parastatal in 2020.</span>\r\n\r\n<span style=\"font-weight: 400;\">In addition, the National Prosecuting Authority declared him an accused person in a criminal case flowing from Transnet’s notorious “1,064” locomotive transaction in late-August 2022.</span>\r\n\r\n<span style=\"font-weight: 400;\">The criminal case was launched several weeks after Essa filed his application for a review of the State Capture report.</span>\r\n\r\n<span style=\"font-weight: 400;\">He says it appears that the commission’s argument that he fled the country is based on media reports alleging his involvement in State Capture.</span>\r\n\r\n<em>(Media reports or not, Salim Essa was <a href=\"https://www.dailymaverick.co.za/article/2019-10-11-guptas-join-a-cast-of-international-villains-ensnared-by-us-sanction-law/\">sanctioned by the US Government under the Global Magnitsky Act</a> in 2019 - Ed)</em>\r\n\r\nhttps://www.dailymaverick.co.za/article/2019-10-11-guptas-join-a-cast-of-international-villains-ensnared-by-us-sanction-law/\r\n\r\n<span style=\"font-weight: 400;\">In his main application to review or set aside the State Capture report, Essa argues that the commission acted beyond its terms of reference and that it failed to act with an open and enquiring mind.</span>\r\n\r\n<span style=\"font-weight: 400;\">The final report, he argues, makes findings or recommendations against him based on allegations that were never put to him. Like the Guptas, Essa did not appear before the State Capture Commission, but answered a limited set of written questions.</span>\r\n\r\n<span style=\"font-weight: 400;\">The final report recommended law enforcement agencies conduct further investigations with a view to prosecuting Essa.</span>\r\n\r\n<span style=\"font-weight: 400;\">His case is among a handful of reviews of the State Capture report.</span>\r\n\r\n<span style=\"font-weight: 400;\">Others include those of the minister of mineral resources and energy, Gwede Mantashe, former State Security Agency boss Arthur Fraser and former Eskom acting CEO Matshela Koko. </span><b>DM168</b>\r\n\r\n<i><span style=\"font-weight: 400;\">This story first appeared in our weekly </span></i><span style=\"font-weight: 400;\">DM168 </span><i><span style=\"font-weight: 400;\">newspaper which is available countrywide for R29.</span></i>\r\n\r\n<img loading=\"lazy\" class=\"aligncenter size-full wp-image-1687833\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/05/DM-13052023001jhbis.jpg\" alt=\"\" width=\"720\" height=\"947\" />",
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