South Africa law expert says Bushiris extradition could be uphill battle: ‘Prophet may have last laugh after Malawi return’

November 16, 2020 Chomi Khumalo - Nyasa Times 47 Comments

South Africa’s immigration and extradition expert Gary Eisenberg has  said that Prophet Shepherd Bushiri is a very clever and well-informed man and  Nthakoana Ngatane a senior political reporter for Eyewitness News has published an opinion article which she states that South Africa may get a taste of its own medicine in its bid to extradite the preacher and his wife, Mary, from Malawi if cases of other countries waiting for Pretoria to hand over accused persons and fugitives is anything to go by.

Bushiri: May have a last laugh

Bushiri and his wife Mary were out on bail after being arrested for their alleged involvement in fraud and money laundering worth over R100 million.

The Pretoria Magistrates Court granted the Bushiris bail, convinced that they were not a flight risk. But the court has since revoked the bail and issued an arrest warrant after it emerged that they are now in Malawi.

The South African government has now started a process to extradite them from Malawi.

“What applies here is the SADC Protocol on Extradition and if you look at it closely, you’ll find Article 4 which will prevent the Malawian government from extraditing Bushiri,” Eisenberg said while speaking to CapeTalk’s Refilwe Moloto on Monday morning.

The immigration expert said this was because Bushiri may never receive a guarantee of an impartial trial in South Africa.

“When you listen to his demands, Bushiri is invoking article 4 of the SADC Protocol and it’s totally in his rights to do so. So, he may have the last laugh,” Eisenberg added.

In a published article,  journalist Ngatane  stated that the extradition could be an uphill battle.

“Over the past decade alone accused persons and fugitives wanted by other SADC countries remained in South Africa, and in some cases, the processes had taken more than 10 years to conclude,” she wrote.

She concluded: “ So, while South Africa could begin the process to extradite the Bushiris and cite the SADC protocol, it could be years before any conclusion is reached.”

Qatar-based Malawian trained lawyer Timothy Nundwe also commented on his Facebook page: “The Malawian cashgate crook (Limumba Karim) was partying in RSA after skipping bail. Some of you were quiet. Don’t scream too much [on] Bushiri.”

Karim died last week with Zimbabwean socialite Ginimbi in a fatal accident in Harare.

Weighing in on the matter, Malawian legislator Ackson Kalaile Banda also took to social media to state that war crimes judges ruled that South Africa flouted its duties to the International Criminal Court (ICC) in June 2015 by failing to arrest visiting Sudanese President Omar al-Bashir who went to attend African Union summit despite having two international arrest warrants .

“So South Africa flouted the same rules they are signatory, and they want to push Malawi to comply? And they expect us to extradite our own son? No ways Major 1 is going nowhere,” wrote the member of parliament for People’s Party (PP) led by former president Joyce Banda.

Bushiri has said that he had returned to Malawi because they believed that their lives were in danger in South Africa.

He also claimed they would not receive fair trial.

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47 replies on “South Africa law expert says Bushiris extradition could be uphill battle: ‘Prophet may have last laugh after Malawi return’”

  2. Malawians lets love one another, the fact that you don’t like him,or you see him as a force prophet or whatever it does not give you the right to judge him judgement is for the Lord himself.He said he esacped for his life are you are busy castigated him instead of feeling sorry for your fellow malawians.South A friacans are bad people they don’t like seeing a foreiners getting rich in their country while while they are poor they become bitter and jelousy.Bushiri did not deserve the treatment he was receiving in SA and he has back home instead of us giving him our support and show him love as our brother we are busy insulting him paja a malawi sitimakondana tokha tokha but we love strangers than our fellow malawian.kuno kuli ma southafricans ambirimbiri but they walk freely in our streets without being abused how many malawians walk freely in SA.We have seen how these peolple have treated foreigners,destroying their business burning down their shop other ena kungokhala ndi sanje chabe kuti they are not employed while foreigners are,ndiye mukanene bushiri oti he is asuccesful businessman has expensive cars has private jets a luxirious hotel,a church with huge number of followers and so many businesses ndiye mukuona ngati angamuone ndi diso la bwino.we have many foreigners in this country who are doing businesses and getting rich under our nose and even ill-treating their employees who happen to be malawians but do nothing about this we have never break their shops they are operating freely,so what is this that malawians should be abused in other countries.we have being quite for a longtime this time let’s stand and support our fellow brothers and sisters who are in this situation.

    1. I can see you have too many idiots over there. Instead of protecting your own now that he is on your soil you want him to be handed over to his pursuers. Bushiri did not force anyone to part with his / her money. These are faith matters and he still has a lot of support from other members of his church. Please don’t show your idiocy to other Africans. Do you think Nigeria would have extradited their own. Idiots.

    2. U r talking nonsense wena dts our money that bustard has, he told our parents that the money will double in 3 months since 2017 to date none of investors received single cent from that bustard we only want our money nothing else

  3. A whole pastor running from his sheep ha ha ha this conman. Nguluwe inalira nsampha utakhiya ma batile 😂😂

    2. Why you cannot appreciate the prophet of the Utmost High God is simply because you are still in darkness. The Holy Bible is full of cases where prophets were persecuted. They had to run away with their dear lives. This is not new.

      I am shocked that some Malawians have forgotten that a Malawian national was burnt alive in SA’s afrophobia madness in 2008. Pathetic!!

  4. This guy is not an immigration law expert dont be fooled. He is a child of papa fugitive. In the interview he says this is a diplomatic issue when its a judicial issue. The problem of watching diplomatic channel rubbish

  5. Bushiri has the right to care for his life especially that he is mentioning death threats from tje very same people who claim he commited crimes yet they cant charge him. South Africans are murderers so they cant be trusted. If anyone is agaist what Major 1 did then its their own problem. S.A doesn’t have respect to sadc rules and they want Malawi to abide by they same rule they (S.A) don’t give a damn thing about.. A crap of lawless country

    1. No death threats for that bustard who can kill man who is surrounded by army, tell him we want our money SADC or no SADC we want our money nothing else those SADC issues should be discussed while we hv our money in our banks

  6. Malawi is a country like any other country in the world so it has rules and regulations over Malawians. So there is no way that other country in the world should over power Malawi. The case is there but Malawi has rights to defend Bushiri as a citizen of Malawi and as a human being has the right to say I don’t want this.

    3. Whether malawi laws or not when he collected our money promising us double profits in 3 months he never told us about malawi laws

  7. Listening to him preaching is not the same as making him rich as the South Africans did. Have u seen a really rich preacher in Malawi?Preaching to the poor is not a good business model for Bushiri. He needs dumb suckers but rich ones- nothing like that in Malawi contributing 1000 kwacha each! Shaaaa! Especially in the North where poverty is intense

    1. But he has done too much charity work to his own Malawians, food programs to help the poor in Malaw, but they have forgotten so soon. It’s a shame. By the way I am a South African. Prophet Bushiri is also eager to clear his name in a competent court and safe environment. Malawians protect your one of your own. Infact you are blessed to have a rare gem in Malawi, a calibre of Prophet Shepherd Bushiri comes once in a lifetime.

  8. You are using wrong precedence. Bushiri should be extradited because Malawians are going to suffer because of one stupid person who went to south africa to commit crimes..let us be fair here ..if chakwera wants to clear his name he should allow the process to proceed with urgency..I heard Kampondeni say that Chakwera has no influence over the police. Remember he is commander in chief of the police and army and therefore you can not claim that he is not involved with issues concerning the police.

  9. If he was innocent he would have stayed put and let justice prevail.. Mulungu amamenya nkhondo modabwitsa…koma since it’s ‘god of major1’ I guess alibe kuthekera komwe timakudziwa Kwa God of Abraham…go deeper

    1. fair trial is what is complaining. how can u just keep on arresting someone over the year without commencing any trial. this is unfair and pple who have resources like him have the opportunity to argue. most pple suffer because of lack of resources to defend thier rights.

      i have haeard than even here in Malawi somepple are roating injail without trial for years due to lack of resources to argue in court.

  11. The comment by this People’s Party MP is badly placed. He should have been quiet. It may mean a lot to others

  12. Postponing a problem is not solving it. Even if it takes 50yrs, Bushiri and his wife will never be free people. I don’t think any sane person will sit down and listen to them preaching the word of God. All those businesses lost in a blink of an eye.

    1. We will seat and listen as they preach..they will continue doing the work of God watch and see. Love my spiritual parents

    2. Keep calm, Mwana wa Mulungu (Jesus), had his parents escape to Egypt when He was an infant. In fact, it involved Angels who masterminded the enitre move to have Mwana wa Mulungu flee to Egypt for fear of death from the King then. Ndiye zinanzi kumaziona bwinobwino before opening your mouth Phiri.

      1. God is not in the business of doing your bidding my dear.. the joke is on you. Let’s watch as things unfold..

    4. Worry not we will definitely listen to his teachings, that’s how we met him and knew him for, nothing else. To make it worse. Our enemies are also following his teachings. 😂😂😂😂😂😂

    5. We will listen,for we know what’s in him,he is our Prophet,seems you’re a kid in the things of the spirit,leave our Prophet alone,it’s only God who knows the truth not you of the world, you have the spirit of ant Christ

  13. Can be very true, it would be very unlikely any Western Country will grant Bushiri a Visa. Should a plane stop in their jurisdiction he will be forced to disembark the plane and held on the international arrest warrant and Extradition Hearing. Yes Bushiri may delay Justice for years but will be forced to give up his lavish lifestyle to remain in Malawi and no where else. A trial can commence in absentia and be convicted with the other 3 accused. In the meantime likely thousands of Malawians will suffer in SA.

    1. Am not staunch supporter of Bushiri but Malawians are suffering already in south Africa even without Bushiris predicament. They burn our brothers & sisters alive . So what are u saying here??

      Malawi have also South African Citizens who operate their businesss here, think about
      (1) Game Shop,
      (2) Shoprite ,
      (3) Standard Bank

      So don’t expect South Africa to be an island coz their economy is more powerful than Malawi but they need Malawi as well .

      1. The people talking of Malawians here are those who know nothing of this country people suffer here Malawians suffer here its not easy with without major this guys still mistreat your people

  14. James Hardly Chase My laugh comes last. Bushiri has his last laugh. What an interesting episode. Small and poor country Malawi scoring big. Keep it up country men.

    1. What will happen to all those investments Bushiri made in RSA? How will Bushiri sustain himself just to be confined to this tiny and poor country?

  15. Having fled from the South African courts whatever sugarcoating his flight might be he is a prophet who are running away from his own shadow. If he’s a prophet worth his qualifications there isn’t any need for this man of God to be on the run the courts were there to exonerate him according to the available evidence. By clinging to whatever SADC clause he sounds less like a prophet than just a professional trickster. His word in court would have bailed him out but his behaviour at this point is repellent.
    The press conferences are courts they can partially harvest sympathy they can’t heal the plight in which loud man of God is. My dear friend you’ve been running for a long time it’s high time you recollected your breath and see why you chose RSA as a place of prophetic activities RSA is richer than Malawi therefore gullible Christians are at every street corner

  16. This also marks the end of his own happiness. He will never be a happy person. The fraud wound inflicted upon him is huge.

  18. Mwadza mwatha baba osadanda tiyeni kukaya basi tikalime fwaka.Matsotsi ndi akuba ku Joni angapungule ma miliyoni osagwira nchito asiyeni abadya chingwa anthu osatha kulima.

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