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Shepherd Bushiri has fled the country, despite the bail conditions expressly prohibiting any form of international travel.
Frennie Shivambu, Gallo Images
- Controversial Bushiris facing fraud and money laundering have fled to their homeland of Malawi.
- Malawi is a signatory to the SADC extradition protocols.
- According to the protocols, a state requesting extradition must present supporting documents and declare the crimes that the person it seeks has committed.
South Africa woke up on Saturday to the news that self-proclaimed prophet Shepherd “Major 1” Bushiri and his wife Mary had left the country and were back in their homeland of Malawi.
The couple left the country in the middle of their ongoing case in which they are accused along with three others of fraud and money laundering worth R102 million.
Just two weeks ago, the Pretoria Central Magistrates Court granted the duo a bail of 200,000 rand. Among their conditions of release on bail was that they report to the nearest police station every Monday and Friday and not leave the country.
While the Hawks said they had been working on Track After the couple failed to report to the station on Friday, many on social media platforms have been asking if they could be extradited to South Africa.
What is an extradition?
Extradition was carried out when a country handed over a person facing a crime in another country, outside its jurisdiction, to the forces of order.
Does South Africa have an extradition treaty with Malawi?
Malawi is a member of the Southern African Development Community (SADC) along with South Africa, Angola, Botswana, the Democratic Republic of the Congo, Lesotho, Mauritius, Mozambique, Namibia, Seychelles, Swaziland, Tanzania, Zambia and Zimbabwe.
SADC member states have signed an agreement and protocol on extraditions.
According to the document, which was signed by the countries on October 3, 2002, the states agreed to extradition, in accordance with the provisions of the established protocols and their respective domestic laws.
Justice Minister Ronald Lamola, through his Twitter page, acknowledged that Malawi was a signatory to the SADC extradition protocols, adding that the country would not “hesitate” to invoke the provisions to help law enforcement. to extradite fugitives from justice.
Malawi is a signatory to the SADC protocol and other legal instruments on extraditions. We will not hesitate to invoke these provisions and instruments to assist law enforcement agencies in extraditing fugitives from justice. pic.twitter.com/sUE8pZrfzB
– Minister of Justice and Penitentiary Services ???? (@RonaldLamola) November 14, 2020
What crimes are extraditable under SADC protocols?
Offenses punishable under the laws of each member state can lead to extradition. The SADC protocol established that when an extradition request was for a person wanted for a sentence or other deprivation of liberty imposed for the crime, it can be rejected if a period of less than six months of the sentence remains to be served.
The protocol also stipulates that extradition cannot be denied when a person is sought for an offense related to taxes, customs duties, exchange controls or other income cases.
He added that the denial cannot be made on the grounds that if extradition is requested under state law, it did not impose the same type of tax or fee or did not contain taxes, customs duties, or exchange regulations of the same type as state law. requesting.
As part of the SADC protocol, the mandatory grounds for refusal were if a person whose extradition was requested had been or would be subjected to torture or cruel, inhuman or degrading treatment or punishment or if the person had not received guarantees in criminal proceedings.
What should happen if a state wants to request an extradition?
The State that wishes to extradite must do so in writing and present the supporting documents that will be sent through diplomatic channels between the respective ministries of justice.
A country wishing to extradite a fugitive must provide an accurate description of the person it is seeking, as well as pertinent information to help identify them.
The protocol also states:
The requested State, if not prevented by its laws, may grant extradition after receiving a request for provisional arrest, provided that the person sought expressly consents, before a competent authority, to be extradited.
A state requesting extradition may request the provisional arrest of the person in question. You can do this by submitting a request to another state through diplomatic channels, or through the International Criminal Police Organization (Interpol).
The Bushiri turned over their travel documents to the investigating officer and were also prohibited from requesting any travel documents pending their court case, News24 reported.
Bushiri lashed out at the prosecution for delaying and also accused investigators of bias.
He also made several demands on the South African government, asking that his family’s safety be guaranteed before they could return.
He also demanded guarantees that his wife and his bail would not be revoked.
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