Mozambique to fight attempt to extradite Manuel Chang to US
Former SA justice minister Michael Masutha had decided to extradite Chang to Mozambique, but successor Ronald Lamola has applied to have this set aside
01 August 2019 - 09:43
byEmma Rumney
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Mozambique's former finance minister Manuel Chang appears in court during an extradition hearing in Johannesburg on January 8 2019. Picture: REUTERS/SHAFIEK TASSIEM
Mozambique's government is to fight for the extradition from SA of former finance minister Manuel Chang, who the US is seeking to put on trial, according to a letter from a law firm, seen by Reuters.
Chang has been in custody in SA since his arrest in December at the request of the US for his alleged involvement in $2bn of borrowing US authorities say was fraudulent. He denies wrongdoing.
Former SA justice minister Michael Masutha decided before leaving his post to extradite Chang to Mozambique; however, his successor, Ronald Lamola, and a Mozambique civil society organisation have applied to the courts to have this set aside.
An affidavit filed on Lamola's behalf in mid-July said he wanted an opportunity to consider whether Chang could be extradited to the US, where he faces charges including money laundering and conspiracy to commit fraud.
Now, a letter from SA law firm Mabunda Incorporated dated July 30 says the Mozambique government has instructed the firm to oppose these applications and bring a counter application in favour of Chang's extradition to Mozambique.
Alternatively, it said it would push for Lamola to consider "current information and facts as will be presented and argued" in upcoming hearings, as opposed to just the facts available when the former minister made his decision.
When contacted by Reuters about the letter, a justice ministry spokesperson said it was now a matter for the courts.
Calls to Mabunda Incorporated went unanswered outside of usual business hours. A director of the firm that signed the letter did not immediately respond to an e-mailed request for comment.
The US charges relate to loans obtained from Credit Suisse and Russia's VTB bank that were guaranteed by the Mozambican government, some of which it did not disclose, signed off by Chang during his 2005-2015 term as finance minister.
Their disclosure in 2016 prompted foreign donors including the International Monetary Fund to cut off support for Mozambique, triggering a currency collapse and debt default.
Mozambique only sought Chang's extradition after the US's request; however, he has not been charged with a crime in his home country — one of the points raised in the affidavit filed on Lamola's behalf.
If sent to face trial in the US, analysts say Chang could reveal as-yet unknown details about the debt scandal, with potential implications for Mozambique's ruling party ahead of presidential, parliamentary and provincial elections in October.
Mabunda Incorporated also asked in the letter seen by Reuters for a court hearing scheduled for August 13 to be postponed to September 3, to give it time to prepare the necessary paperwork and to give all the parties an opportunity to respond.
Chang has already resigned from his position as a legislator, meaning he has lost his political immunity in Mozambique — another concern Lamola had with his planned extradition to the country.
If the court hearing is pushed back to September, that would give the country's attorney-general one month to file charges against him.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Mozambique to fight attempt to extradite Manuel Chang to US
Former SA justice minister Michael Masutha had decided to extradite Chang to Mozambique, but successor Ronald Lamola has applied to have this set aside
Mozambique's government is to fight for the extradition from SA of former finance minister Manuel Chang, who the US is seeking to put on trial, according to a letter from a law firm, seen by Reuters.
Chang has been in custody in SA since his arrest in December at the request of the US for his alleged involvement in $2bn of borrowing US authorities say was fraudulent. He denies wrongdoing.
Former SA justice minister Michael Masutha decided before leaving his post to extradite Chang to Mozambique; however, his successor, Ronald Lamola, and a Mozambique civil society organisation have applied to the courts to have this set aside.
An affidavit filed on Lamola's behalf in mid-July said he wanted an opportunity to consider whether Chang could be extradited to the US, where he faces charges including money laundering and conspiracy to commit fraud.
Now, a letter from SA law firm Mabunda Incorporated dated July 30 says the Mozambique government has instructed the firm to oppose these applications and bring a counter application in favour of Chang's extradition to Mozambique.
Alternatively, it said it would push for Lamola to consider "current information and facts as will be presented and argued" in upcoming hearings, as opposed to just the facts available when the former minister made his decision.
When contacted by Reuters about the letter, a justice ministry spokesperson said it was now a matter for the courts.
Calls to Mabunda Incorporated went unanswered outside of usual business hours. A director of the firm that signed the letter did not immediately respond to an e-mailed request for comment.
The US charges relate to loans obtained from Credit Suisse and Russia's VTB bank that were guaranteed by the Mozambican government, some of which it did not disclose, signed off by Chang during his 2005-2015 term as finance minister.
Their disclosure in 2016 prompted foreign donors including the International Monetary Fund to cut off support for Mozambique, triggering a currency collapse and debt default.
Mozambique only sought Chang's extradition after the US's request; however, he has not been charged with a crime in his home country — one of the points raised in the affidavit filed on Lamola's behalf.
If sent to face trial in the US, analysts say Chang could reveal as-yet unknown details about the debt scandal, with potential implications for Mozambique's ruling party ahead of presidential, parliamentary and provincial elections in October.
Mabunda Incorporated also asked in the letter seen by Reuters for a court hearing scheduled for August 13 to be postponed to September 3, to give it time to prepare the necessary paperwork and to give all the parties an opportunity to respond.
Chang has already resigned from his position as a legislator, meaning he has lost his political immunity in Mozambique — another concern Lamola had with his planned extradition to the country.
If the court hearing is pushed back to September, that would give the country's attorney-general one month to file charges against him.
Reuters
‘New facts’ halt extradition of Mozambique’s former finance minister
Mozambique ex-finance minister to be extradited home, says Masutha
Mozambican Manuel Chang can be extradited to US
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