Ex-Mozambican Minister Manuel Chang Extradited to the United States
Former Mozambican Minister Manuel Chang Extradited to the US for Trial Amidst Controversy
The debate over the extradition of former Mozambican politician Manuel Chang has finally concluded, as he was handed over to the United States to stand trial for corruption and fraud charges dating back to 2013. The Justice and Correctional Services Ministry of South Africa fulfilled the request from a US district court, surrendering Chang to Federal Bureau of Investigation (FBI) officials.
Background: The “Hidden Debts” Corruption Case
During his tenure as finance minister in Mozambique, Manuel Chang approved $2 billion in loans from Credit Suisse Investment Banking and Russia’s VTB Capital bank, ostensibly for investments in a tuna fishing fleet and patrol boats. However, the investments turned out to be dubious, and numerous American citizens were defrauded after investing in the stock market linked to these projects.
READ MORE: Investment fraud: Understanding the R200Bln Steinhoff-Jooste scandal
The debate over the Trial Venue
Chang’s extradition has been a matter of intense debate within Mozambique, with arguments for and against conducting the trial in Maputo, the country’s capital. The Attorney General’s office (PGR) strongly advocated for his trial to take place in Mozambique, emphasizing that Mozambican citizens should be tried in their own country for offences committed on its soil.
Controversial Extradition Decision
However, sceptics of the Mozambican justice system point out that it is the first time a former minister has been extradited abroad since the country gained independence. Manuel Chang was arrested at Johannesburg’s OR Tambo International Airport in 2018, despite substantial evidence linking him to the “hidden debts” corruption case.
Constitutional Court Ruling
The extradition ruling by the South African Constitutional Court denied Mozambique’s appeal to bring Manuel Chang back to the country for trial, citing a lack of reasonable prospects for success in the appeal.
The “Tuna Bond” Scandal: The Full Scope of Government Borrowing
The full extent of the Mozambican government’s borrowing came to light in 2016 when the country defaulted on its sovereign debt, leading to an economic crisis known as the “tuna bond” affair and “the hidden debt scandal.” In a recent trial, 11 defendants, including the son of a former president, were convicted in connection with the scandal.
Activist’s Perspective: Hope for Justice
Adriano Nuvunga, of a civil society group, welcomed Chang’s extradition to the US, stating that it represents the triumph of justice over impunity. Nuvunga argued that trying Manuel Chang in the US would ensure a fair trial, free from any preferential treatment that he might have received in Mozambique due to his political connections.
Manuel Chang’s Plea and Charges
Manuel Chang has pleaded not guilty to US charges related to his involvement in the bond fraud scandal that caused severe financial consequences in Mozambique. Arriving in New York on a private government jet, Chang proceeded to enter his plea before US District Judge Nicholas Garaufis in Brooklyn
The US Allegations: A Severe Financial Crisis
The US prosecutors claim that Chang was part of a corrupt group that conspired with Credit Suisse bankers to plunge Mozambique deeper into debt through dubious maritime projects. They allege that at least half a billion dollars were misappropriated, with Chang individually acquiring $5 million in bribes.
READ MORE: Missing KZN boy’s body parts, sold to buyers in Mozambique
The Lengthy Legal Battle: Credit Suisse Investment Banking’s Involvement
Should Manuel Chang be found guilty, he could be sentenced to up to 55 years in prison.
The case has also ensnared Credit Suisse, which paid nearly $475 million in 2021 to settle multiple investigations related to its involvement in the scandal. Several former bankers pleaded guilty to charges in the case.
Hopes for Revelation: Seeking Justice
Despite the controversial extradition decision, the hope remains that during the trial, Manuel Chang will reveal crucial information about those responsible for ordering the unconstitutional bonds and the whereabouts of the missing $500 million in Mozambique.
South Africa’s Extradition Act 67 of 1962
Firstly what is extradition? well, extradition is the legal process of handing over a person who has committed a crime in one country to another country where they are wanted for trial or to serve a sentence.
The Extradition Act 67 of 1962, outlines the processes and requirements for extradition requests, as well as the offences that can lead to an extradition request and the circumstances under which extradition can be granted. In addition to this, it offers safeguards and protections to individuals who are facing extradition in order to make certain that their rights are honoured.
The purpose of the Extradition Act is to make it easier for countries around the world to work together in the fight against crime and to ensure that criminals cannot evade justice by fleeing to another country. It makes it easier for nations to collaborate with one another to ensure that people who have committed serious crimes can be brought to justice and made to face the consequences of their actions.
The Act is a significant resource in the fight against transnational crime and plays an essential part in the upkeep of international law and order. It makes it easier for South Africa and other countries to collaborate in order to ensure that criminals are brought to justice and held accountable, regardless of the country in which they may be hiding.
Why do extradition treaties exist?
When a person commits a crime and runs away to another country, it’s essential that they face justice for their actions. This is where extradition agreements come into play. These agreements allow countries to work together and hand over criminals to face trial in the country where they committed the crime.
South Africa is actively collaborating with various countries worldwide to ensure criminals cannot escape justice. Let’s explore which countries South Africa has extradition agreements with, and which ones are currently under negotiation.
Which Countries Does South Africa Have Extradition Treaties With?
South Africa has joined hands with several countries to strengthen international law and order. These partnerships allow for the smooth extradition of criminals or wanted persons, ensuring they face the consequences of their deeds.
Currently, South Africa has extradition agreements with the following countries:
- Algeria
- Australia
- Botswana
- Canada
- China
- Egypt
- India
- Israel
- Lesotho
- Malawi
- Nigeria
- Swaziland
- the United Arab Emirates (UAE)
- the United States
Which Countries do not have Extradition Treaties with South Africa?
The following countries do not have extradition treaties with South Africa:
- Afghanistan
- Angola
- Bolivia
- Cambodia
- Costa Rica
- Dominican Republic
- Eritrea
- Iran
- Iraq
- Libya
- Mozambique
- North Korea
- Palestine
- Qatar
- Saudi Arabia
- Somalia
- Sudan
- Syria
- Venezuela
Reasons for Absence of Extradition Treaties
The absence of extradition treaties with certain countries could be due to various reasons:
- Political Considerations: Some countries may have strained political relations, making it challenging to establish extradition agreements.
- Legal and Human Rights Concerns: Countries with different legal systems or human rights standards may find it difficult to negotiate extradition treaties that align with their respective laws.
- Diplomatic Factors: The establishment of extradition treaties requires mutual trust and confidence between nations, which may not always be present in certain relationships.
