The Chief Resident Magistrate Court in Malawi has made a significant ruling.
The court has ordered that self-proclaimed prophet Shepherd Bushiri and his wife, Mary Bushiri, be extradited back to Mzansi.
The landmark ruling was made on Wednesday, 12 March.
The court has also ordered the couple to remain in custody until they are handed over to South African authorities.
However, some charges, including theft, money laundering, and racketeering, were dropped due to insufficient evidence. Bushiri now faces three charges of rape, forgery, fraud, and jumping bail, while his wife, Mary, also faces charges of fraud, forgery, and bail-jumping.
The Bushiris’ lawyer, Wapona Kita, has requested the court to pause the extradition order and grant the couple bail.
However, state lawyer Dziko Malunda has argued that if bail is granted, it should be accompanied by strict conditions, such as substantial sums of money, property guarantees, and signed commitments from sureties.
The court has yet to rule on the submissions from both the State and the defence.
The South African government has welcomed the ruling and described this as a significant milestone in international legal cooperation, demonstrating the strength of both countries’ judicial frameworks and diplomatic engagements.
The Department of Justice and Constitutional Development spokesman, Terrence Manase, said the couple plans to appeal the ruling.
“We have been informed that the pair intends to appeal the ruling. The South African government will oppose the appeal. The Department will await the outcome of the appeal process if they proceed.”
“If they choose not to pursue the appeal, the Department will await formal notification from the Central Authority of the Republic of Malawi,” he said
He said that once received, INTERPOL, in collaboration with the South African Police Service (SAPS), will coordinate the transfer arrangements and logistics.
“The State will cover all associated costs. Upon receipt, INTERPOL, in collaboration with the South African Police Service (SAPS), will coordinate the arrangements and logistics for the transfer. The associated costs will be borne by the State,” he said.
The couple fled South Africa in November 2020 while on bail for charges, including fraud, money laundering, and financial crimes.
Since 2021, South African authorities have been pursuing their extradition.
The charges against them include fraud and money laundering, stemming from their arrest by the Hawks in February 2019 for an alleged R102 million financial scheme.
Additionally, Bushiri faces rape allegations, with accusations surfacing in 2021 that he raped several women and girls, some as young as 16, between 2015 and 2018 in and around Tshwane.
