Pretoria – Former Minister of Home Affairs, Nosiviwe Mapisa-Nqakula, is facing renewed scrutiny after the Department of Home Affairs alleged she personally intervened to facilitate the permanent residency application of Atul Gupta's nephew, Varun Gupta, and his wife, Vega. The department claims Mapisa-Nqakula "unlawfully" signed off on the application and is now seeking a court order to reverse the decision.
According to Home Affairs, the decision to grant permanent residence status to Varun and Vega Gupta was patently illegal, prompting the current legal action to set aside the original approval.
Documents filed at the Gauteng High Court in Pretoria reveal that Mapisa-Nqakula directly informed Atul Gupta of her decision in a letter dated 30 January 2008, confirming that his nephew and wife had been granted permanent residence status.
In an application to self-review her decisions regarding Varun and Vega, Home Affairs director-general Livhuwani Makhode stated that records clearly indicated "it was actually the minister herself who had facilitated the meeting between the officials of the department and Mr Atul Kumar Gupta for such an application to be made".
The allegations come as Mapisa-Nqakula is already embroiled in a separate corruption trial, adding further pressure on the former minister. She has previously denied any undue influence by the Gupta family, who have been at the centre of state capture allegations.
Mapisa-Nqakula previously faced questions regarding the Gupta family's controversial use of the Waterkloof Air Force Base in 2013 for the landing of their wedding guests. At the time, she was the Minister of Defence, and it was reported that the family invoked her name, along with those of other ministers, to secure the landing.
In 2016, she reportedly stated, "The little I know is that they [the Gupta family] don't like me, so I am not sure how they would capture me."
However, a Home Affairs document dated 22 January 2008, titled "Request for an exemption: Mr Varun Gupta and Ms Vega Gupta" and addressed to Mapisa-Nqakula, paints a different picture. The document, signed by three senior department officials, including then-director general Mavuso Msimang, states: "On instruction of minister [Mapisa-Nqakula], a meeting took place between Mr Atul Kumar Gupta of Sahara Computers [Pty] Ltd and minister's special advisor, Mr Mike Ramagoma, on 12 December 2007 in order to facilitate the submission and processing of an application for permanent residence status in respect of Mr Ajay Kumar Gupta, financial director of Sahara Computers, and his two biological minor children."
The exemption document also reveals that Ajay's wife was excluded from the application at her own request, as she "is from a prominent Indian family and prefers to qualify for residential status in her own right and not as a dependent of her husband".
The document further notes that "All the members of the Gupta family either have permanent residence status in the RSA or are South African citizens by naturalisation, and all of them are employed in the family business." It also highlights the Sahara Group of Companies' significant annual turnover of R1.5 billion and the finalisation of Ajay Kumar Gupta's permanent residence application on 18 January 2008.
Regarding Varun and Vega's application, the Home Affairs officials noted that Atul Gupta was their legal guardian "in terms of Indian custom". While both were students, the report stated they "will also become involved in the family business after completing their studies".
Varun Gupta would later face charges related to his alleged involvement in the controversial Vrede Dairy Project scam, although these charges were subsequently reinstated and then dropped against him.
Home Affairs officials, while acknowledging Atul Gupta's financial responsibility for Varun and Vega in 2008, emphasised that they were not his biological or adopted children. They stated that this was "hence the reason why a request for an exemption in terms of Section 31[2][b] of the Immigration Act, 2002 [Act No 13 of 2002] is being directed to minister for consideration".
Section 31[2][b] of the Immigration Act allows the minister to grant permanent residence rights to foreigners under specific terms and conditions "when special circumstances exist which would justify such a decision".
However, Makhode argues that "no special circumstances existed which would have justified the exemption granted by the former minister, Mapisa-Nqakula".
Despite this, Mapisa-Nqakula acted on the recommendation of her director-general and other officials, informing Atul Gupta on 30 January 2008 that she had decided to grant the exemptions.
"Having considered all the information at my disposal, I wish to inform you that I have decided to grant your niece and nephew exemptions in terms of Section 31[2][b] of the Immigration Act, 2002 [Act No 13 of 2002]," she wrote. "The exemption certificates are valid with effect from the date of issuance and authorise Varun and Vega Gupta to reside in the RSA on a permanent basis."
Varun Gupta later became a South African citizen through naturalisation in 2015. Home Affairs is also challenging the legality of this development in its counter-application.
Similar to Ajay Gupta's son, Kamal Singhalla, Varun Gupta is also attempting to review Makhode's decision not to issue his child a valid South African passport.
In court papers, Makhode maintained that Varun "obtained rights to South African citizenship or permanent residency fraudulently" and revealed that his immigration file was missing from Home Affairs, raising suspicions of foul play.
Makhode stated that he believed the file was "probably stolen by a former official of the department, who was dismissed following many allegations of corruption" related to the unlawful issuing and sale of permits to foreigners.
"As things stand, the department does not have the immigration file of [Varun Gupta] and therefore is limited in terms of providing evidence as to how [he] obtained any permit to reside in the Republic of South Africa, save to state that there is clear indication that some of the documents were obtained unlawfully and ought to be set aside on the basis of illegality," Makhode said.
He added, "As the accounting officer of the department, I have a legal duty not to allow the acts of criminality and/or unlawfulness to continue in perpetuity without this being remedied, and I do so by bringing this counter application."
Makhode also revealed that Varun's litigation was one of several cases pursued by Gupta family members seeking South African passports for their children "through court proceedings while they are fugitives and/or refuse to provide the details of their exact whereabouts either in India and/or in Dubai".
Varun Gupta's lawyers have confirmed that he is opposing Home Affairs' counter-application but has yet to file a formal response. The case continues to unfold, raising serious questions about the extent of the Gupta family's influence and the integrity of South Africa's immigration processes.
