South Africa has welcomed a High Court ruling in Pretoria to deny exiled businessman, Indian-born Atul Gupta, a new passport because he “is a fugitive from justice and therefore does not qualify for a South African passport,” Ministry of Home Affairs spokesperson Siya Qoza said in Pretoria on Monday.“Home Affairs Minister Dr. Aaron Motsoaledi welcomes the Gauteng North High Court judgment which confirmed that Atul Gupta is a fugitive from justice and therefore does not qualify for a South African passport as the ministry had contended,” Qoza said.

 With the ruling, the wealthy businessman has also been slapped with costs for the court application whose outcome came over the weekend.

“The ministry rejected this application after receiving confirmation from the National Prosecuting Authority that a warrant of arrest was issued against him in connection with criminal offences of fraud and money- laundering related to the Vrede Dairy Project,” he added.

 He added: “In February 2021, Gupta approached the court, seeking to force the ministry to issue him with a new South African passport.”

 “He claimed that he had a constitutional right to a passport as a citizen of South Africa,” and insisted that the constitution stated that nobody should be deprived of their citizenship, according to Qoza.

 “The ministry defended that court application, arguing that he was a fugitive from justice and therefore does not have a right to challenge the office in a court of law in this country,” he told reporters.

 “The ministry challenged Gupta to indicate if he would be prepared to come to South Africa if the court were to order him to do so,” Qoza said.

 “Gupta said he would have to take legal advice on the issue. High Court Judge Kumalo found that ‘If he (Gupta) indeed is not a fugitive from justice, why would he need legal advice whether or not he ought to come to this country for whatever reason’,” he said.

 Gupta did not indicate whether or not he would appeal the High Court ruling, Qoza noted.

 The controversial Gupta brothers fled South Africa as the country’s law enforcement agency began closing in on the family accused of being at the centre of the state capture project of appointing cabinet ministers, and the alleged looting of state coffers under former president Jacob Zuma’s nine-year presidency which ended in February 2018.