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But lawyers with experience in extradition proceedings say it’s not that easy. On average, it could take up to two years before the couple set foot on South African soil, especially if they refuse to stand trial here.
The leaders of the Enlightened Christian Church, Mary Bushiri and Shepherd Bushiri. Image: @ psbushiri / Twitter
JOHANNESBURG – Two weeks since fugitives Shepherd Bushiri and his wife, Mary, left South Africa, immigration lawyers warn that the process to successfully extradite the couple could take years.
Bushiri faces five arrest warrants in South Africa, while Mary has two.
The leader of the Church of the Enlightened Christian Gathering faces additional arrest warrants for three rape cases. Church members accuse him of sexual harassment in 2018.
The couple fled to their home country of Malawi in early November, violating their conditions of bail here, where they are charged with fraud, theft and money laundering. The Bushiris’ 5.5 million rand mansion in Centurion was seized from the state, but this has not deterred them or put a dent in their pockets as they continue to offer religious services to their legion of online fans.
Last week, Justice Minister Ronald Lamola made clear that the government was speeding up the extradition process so that the fugitives could be tried in South Africa.
• READ: Yonela Diko: Did Malawi win the Bushiri communication battle?
“We will continue to finalize the extradition documents, which we intend to send to Malawi within the next two weeks and not within the next 30 days as described by the [Southern African Development Community] protocol, “Lamola said at the post-Cabinet press conference.
But lawyers with experience in extradition proceedings say it is not so easy. On average, it could take up to two years before the couple set foot on South African soil, especially if they refuse to stand trial here.
Vuyo Manisi, Managing Director of the Vuyo Manisi Incorporated Law Firm, said Eyewitness news on Tuesday, that government was ambitious if it thought the couple would return here soon.
• READ ALSO: ‘No mischief’: the government reiterates that it did not help the Bushiris flee from SA
“[Bushiri] it will make sure it doesn’t really happen. You have the financial resources to appeal every legal setback that comes your way. And he also has friends with political connections. “
Meanwhile, Gary Eisenberg, an immigration and extradition attorney, agreed that it could be years before the Bushiris were extradited, as they have the right to appeal as part of the protocol agreed to by SADC.
“Under Malawian national law, they also have extradition legislation. Whatever happens in terms of that investigation, Bushiri will have the right to appeal.”
Last week, South Africa requested the provisional arrest of Bushiris in Malawi. But they turned themselves in to the Malawian authorities, which is different from their arrest.
• READ ALSO: Bushiri Says Latest Arrest Warrants Are Part Of Plot To Pursue Him
His legal team filed for “habeas corpus,” which is a request to release Bushiri, arguing that Malawi did not recognize a provisional arrest.
“[It] confused lawyers everywhere. You can already see that the road to Bushiri’s surrender to South Africa will not be paved with roses. It’s going to be a tough road, ”Eisenberg said.
South Africa is now in the process of submitting a full request for his extradition, but Eisenberg believes that Bushiri only asked to appear before an extradition investigation in Malawi.
But both lawyers said that whatever happened in such an investigation, Bushiri would have the right to appeal, and they were almost certain that would be the route he would choose.
“If you lose the extradition investigation and the magistrate or court decides that Bushiri can be extradited, then you go to the Malawian Minister of Justice for a decision. Bushiri will again have the right to appeal. This could be an extremely long period in time. Malawi, “Eisenberg said.
Manisi said the government was prepared for a great task to successfully extradite the Bushiris.
“The South African government will have to put on its socks if they want to bring him back to South Africa.
The government’s next step is to provide the Government of Malawi with a formal extradition request.
This is how an extradition process is supposed to work, according to experts:
- South Africa has to hand over an extradition package to the government of Malawi.
- It consists of two packages of documents: one to identify who the Bushiris are and the second a clear identification of the charges they face in South Africa.
- The charges must be clear so that the Malawi court can understand them.
- Then it is up to the Malawian government to ensure that justice is served in Malawi.
- An investigation in Malawi must decide if he is responsible for the extradition.
- You can appeal all of these processes.
But these are only the criminal aspects of the matter. Legal experts cautioned that this issue was highly politicized and was expected to have many layers to the process.
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