LILONGWE – A court in Malawi has ruled that Prophet Shepherd Bushiri and his wife, Mary, can be extradited to South Africa from where they fled claiming persecution while out on bail facing various criminal charges.
The pair face various charges of contravening the Financial Advisory and Intermediary Services Act, as well as the Immigration Act, among others.
After a lengthy court case, Malawi’s chief resident magistrate’s court on Wednesday ruled that the pair be returned to South Africa and also ordered that they should remain in custody until they are handed over to South African authorities.
The judgment was well received by the South African government, with its Department of Justice and Constitutional Development hailing it as an indication of judicial independence in the two countries.
“This decision reaffirms judicial independence, international co-operation and public trust in the SA and Malawian legal institutions,” the Department of Justice and Constitutional Development said in a statement.
Wednesday’s ruling was “a significant milestone in international legal co-operation, demonstrating the strength of both countries’ judicial frameworks and diplomatic engagements”, it added.
“It reinforces the principle that no-one is above the law and underscores the importance of accountability, transparency and adherence to legal frameworks in SA and Malawi.”
The SA government also revealed that it had been informed that the Bushiris intended to appeal the decision and have since been granted bail.
On Thursday, the Attorney General in Malawi, Thabo Chakaka Nyirenda told broadcaster Newzroom Afrika that the Bushiris got bail after the court ruling on Wednesday, and the matter would be heard in the high court of Malawi.
“The SA government will oppose the appeal. The department will await the outcome of the appeal process if they proceed. If the couple choose not to pursue the appeal, the department will await formal notification from the central authority of Malawi,” the department said.
“Once received, Interpol, in collaboration with SA police, will co-ordinate the transfer arrangements and logistics. The state will cover all associated costs.”
