The son of fugitive businessman Ajay Gupta, Kamal Singhala, is facing the potential loss of his South African citizenship after Home Affairs Minister Leon Schreiber uncovered inconsistencies in the granting of his citizenship in 2015.
Schreiber, in a letter addressed to Singhala's legal representatives, Krause Attorneys, has invited Singhala to South Africa to explain why his citizenship should not be revoked.
The letter, dated last week, outlines the inconsistencies discovered by Schreiber's team, raising serious questions about the legitimacy of Singhala's naturalisation.
The inconsistencies centre around the timing of Singhala's second application for citizenship, which was approved by then-Minister Malusi Gigaba in September 2015. According to Schreiber, the second application could only be considered a year after the first application was rejected in January 2015, as stipulated by section 5(8) of the Citizenship Act.
"A new application could therefore only be made one year after 22 January 2015. And yet you were granted citizenship on 1 September 2015. In these circumstances, I want to offer you the opportunity for an in-person meeting before I make a final decision in terms of section 5(8) of the Citizenship Act to revoke your citizenship," Schreiber's letter states.
Schreiber has given Singhala 15 days to respond to his request, adding further pressure to the already complicated situation. Singhala is currently embroiled in a separate court case against the Director-General of Home Affairs, attempting to force the department to issue a passport for his daughter.
Schreiber, in a statement released to the media, emphasised the importance of upholding the law and addressing potential violations, particularly those linked to the period of state capture.
"Every department in the government of national unity has the responsibility to ensure that justice is done. Home affairs is committed to doing our part, which means we must address possible violations of the law decisively – including and especially violations from the period known as state capture," Schreiber said.
Schreiber's statement also extended an invitation to the entire Gupta family to return to South Africa and present their case, suggesting that a proud South African whose naturalisation was legitimate would not hesitate to accept such an invitation.
The controversy surrounding Singhala's citizenship comes amidst a larger backdrop of investigations into the Gupta family's alleged involvement in state capture. Gigaba, who approved Singhala's citizenship application, has been accused in the state capture commission's reports of facilitating state capture at various entities, including Denel.
Gigaba, now an ANC MP, has admitted to dealing with Singhala but denied assisting him with any requests. However, the timing of Singhala's citizenship approval raises significant concerns about potential impropriety.
The Gupta family has been at the centre of a major corruption scandal in South Africa, facing numerous allegations of using their influence to secure lucrative government contracts and divert public funds for personal gain. Their alleged involvement in state capture has led to widespread public outrage and calls for accountability.
Ajay Gupta, Singhala's father, is one of the three notorious Gupta brothers accused of state capture. He was arrested in India in May along with his brother-in-law Anil on charges of abetment to suicide. Both were released on bail in July and prohibited from leaving India.
Warrants have been issued in South Africa for Ajay's brothers, Atul and Rajesh Gupta, due to their alleged role in state capture. Several attempts to extradite them from Dubai have failed.
