Lawyers say Bushiri extradition process might take long
Malawian lawyers have said there is no guaranteed timeframes as South African government begins the process to have prophet Shepherd Bushiri and his wife, Mary, extradited from Malawi following their bolting from the rainbow nation, saying a formal extradition hearing in the High Court may take time.
Extradition is the formal process where one country asks another to return a person in order to stand trial or to serve a sentence.
The Bushiris are back home in what the prophet described as “temporarily” as a tactical legal withdrawal, claiming that they feared for their lives.
They’re facing fraud, theft and money laundering charges.
Private practice lawyer David Kanyenda writing on his Facebook page pointed out that the Bushiris are expected to a contest their extradition all the way to the Supreme Court of Appeal.
“Expect a protracted and long drawn-out process to play out before a conclusion is reached,” he stated.
“Even an international tribunal such as the African Court on Human and Peoples Rights may come into play. The Bushiris fancy their legal chances on home turf and have already cast doubt on the fairness of a foreign legal system,” he added.
Another private practice lawyer Wapona Kita also pointed out that lawyers will have to battle it out in court whether externalisation of forex and money laundering are extraditable offences under Extradition Act.
A law scholar said a judge at the High Court must also decide if extradition would be disproportionate or would be incompatible with the Bushiris human rights. If the judge decides it would be both proportionate and compatible, extradition must be ordered.
If either the Bushiris will be unhappy with the judge’s decision at the extradition hearing, they may ask the High Court for leave (permission) to appeal at the Supreme Court of Appeal and then evenat African Court on Human and Peoples Rights.
Meanwhile, Bushiri told his supporters that he would be handing himself to the law enforcement agencies in Malawi on Monday.
He claims he was not running away from being prosecuted.
His five demands to the South African government are:
- The South African government should assure the couple of their safety and security if they return to the country.
- Government should assure them that their bail would not be revoked, despite defying their bail conditions.
- The police officers involved in investigating, arresting, and prosecuting the Bushiris should recuse themselves.
- The South African government should ensure all complaints lodged and opened against the officers are investigated before proceeding with the case against them.
- The South African government should appoint “independent and professional investigators, and prosecutors who should make independent decisions on the cases we are allegedly accused of.”
Lawyer Kanyenda noted: “Don’t underestimate the safety and security fears as the South African underworld is brutal.”
Bushiri said there had been attempts on his life and he accused the South African authorities of not offering protection.
The Enlightened Christian Gathering (ECG) church leader grew up in Mzuzu city in northern Malawi and moved to Pretoria in South Africa where he has been leading his church and so popular that he has been known to fill sports stadiums with followers.
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What surprises many Malawians is that extradition is not an overnight matter. Home affairs Minister of South Africa told the Parliament full package of lies that Bushiri has five passports on hand.This is a total lie and such people are not fit to be Ministers. I feel that for Bushiri and his wife Mary are not fugitive in Malawi and mind you that even SADC countries did not force government to send back to where an offence was committed on the grounds of life threats. Malawi government asked American government for extradition of the killer of Hon. Sendeza ‘s daughter… Read more »
The Stage is now bigger. SA will be exposed of their dirty games. For the first time Prophet Bushiri’s case will be heard in court. All along, it has been allegations on top of allegations and postponements. For money laundering, the State must provide proof of illegall money trails. SA Home Affairs department- how did you give him SA citizenship? The Home Affairs must answer not Prophet Bushiri. So we’re all waiting with much eagerness for the trial to start, not all these bail hearings which were turning out to look like Court cases. Luckily the Policing Department and Justice… Read more »
Envy aside,
The prophet has valid reasons to feel insecure in south Africa.
I get how some people think that this individual needs support with his fugitive issues in South Africa coz he’s a citizen of Malawi. I get how some people worship this individual instead of worshipping the true God, but let’s not forget that he still has a case to answer in Malawi as to how he ended up with four passports and how he ended up with a diplomatic passport. I hope these criminal issues are not gonna be overlooked in the name of supporting a fugitive just coz he’s a Malawi citizen.
Why? What is so special with this young man? He committed a crime he must be accountable. Lawyers don’t cheat this guy, you have just found a good business deal. But please be honest. Don’t lie to him. The best for him is to cooperate with justice and pay the price for his mistakes.
It Bushiri is honest to himself and his God and he truly loves people he leads, he should step down from the pulpit. He needs to salvage his life and make things right, with God and people.
The point is Major 1 is not running away from these allegations. But the SA government doesn’t have evidence to put before court for the trial to begin. The first case has been postponed for a period more than 2 years to May 2021. While out on bail, he gets arrested for another matter, I am sure while he was out on bail now, they were going to arrest him for another matter, our Home Affairs Department was ready to arrest him. So it’s a very ugly game being played by certain individuals using the state organs like the Hawks.… Read more »
Ine thing I know…. jealous people will never prevail….we are the living testimonies of the annointing that you so much rejected….but it’s okay never for once think that because you hate him that makes him fake ….no to us He is a prophet….You can’t take away what God has done for us through him….keep the hate as we celebrate him…These too will pass I assure you.
As for me can say I’m opposing any decision that ll lead the bushiris be in south African courts coz its obvious that they won’t have a fair trail , and this time they’ll be heavily ill treated to the point of death I’m sure that’s not any nation will want to happen to its citizens whether guilty or not
now everyone has their eyes on the case, he will be fine
How long it can take but at the end he and the wife will be given back to tsotsi nation ask Chanthunya and when you live a life like that nthawi imathamanga kwabasi ma lawyers you just want to eat his money musamulimbise mtima kuti zimatenga nthawi what ever time will come for him azakayankha mulandu uyu anapalamula basi
Mc Milan , i have liked your commnet very very true and directing one towards the destination
pali kusiyana kwa Chanthunya case ndi Bushiris…Chanthunya ndi mmalawi ndipo dziko lake ndilomwe limamufuna, pamene Bushiri ndi mmalawi koma dziko lina ndilomwe likumufuna….izi nzosatheka….malawi inatumiza Mulekezi kwawo chifukwa dziko lakwawo limamufuna…case ya Bushiri siyophweka
His followers were just blind followers and mostly the sick, the poor, women, etc. They are superstitious. Even Malawian false sing’angas make money in South Africa.
Ma Lawyer athu ngakubanso and achalira kuti adye nawo zimene wabera anthu Bushiri. He must go back as soon as possible. Reputation ya Bushiri yanangika basi. Thieving preacher.