The Mercury E-dition

SA still wants Bushiri back to face law

SIYABONGA MKHWANAZI siyabonga.mkhwanazi@inl.co.za

A MALAWIAN court needs to rule on whether witnesses should be allowed to travel from South Africa to give evidence in that country in the extradition matter of self-proclaimed prophet Shepherd Bushiri.

Justice Minister Ronald Lamola said the court judgment had yet to be handed down. He said it was still the intention of the South African government to bring Bushiri back to South Africa to face the law after he escaped last year. But the extradition process has been held up in court where Bushiri is opposing it.

Lamola said when they put in place processes to bring Bushiri back they followed all aspects of the law.

Bushiri escaped with his wife Mary late in 2020. At the time they were on trial for fraud and money laundering amounting to millions of rand. They were out on bail of R200 000 each.

Since his escape, Bushiri has been fighting South African authorities wanting to bring him back to face trial.

But Lamola, in replying to a written question in Parliament from IFP MP Liezl van der Merwe, said they were now awaiting judgment on whether witnesses should be allowed to travel from South Africa to give evidence in Malawi.

“During November 2020, a request was received from the National Director of Public Prosecutions (NDPP) for the extradition of Shepherd Huxley Bushiri and Mary Bushiri from Malawi to South Africa to stand trial. The request was subsequently delivered to the office of the Attorney-General in Malawi on December 5, 2020.

“On April 19, 2021, the attorneys acting on behalf of the Bushiris argued in the Lilongwe Magistrate’s Court that South Africa could not rely on the SADC Protocol on Extradition as it has not been domesticated in accordance with Malawi’s Constitution. The court ruled that even though the Protocol had not yet been domesticated, that Malawi’s Extradition Act clearly demonstrates that South Africa is a designated country for purposes of extradition, and therefore ruled in favour of the prosecution. The matter was postponed to Friday June 4, 2021, for the extradition hearing to start.

“During proceedings the defence argued the witnesses testifying against the Bushiris in South Africa should travel to Malawi to give evidence.

“The magistrate’s court ruled the witnesses should travel to Malawi. The DPP in Malawi is of the view that the court misdirected itself as … the Extradition Act of Malawi never envisaged physical presence of witnesses. The DPP in Malawi wants the magistrate court’s ruling reviewed and set aside. Judgment is expected soon.”

METRO

en-za

2021-10-25T07:00:00.0000000Z

2021-10-25T07:00:00.0000000Z

https://themercury.pressreader.com/article/281638193410916

African News Agency