Some legal experts have rallied behind Wednesday’s ruling by the Chief Resident Magistrate Court in Lilongwe that Prophet Shepherd Bushiri and his wife, Mary, should be extradited to South Africa to face some charges.
High Court Judge Madalitso Chimwaza sitting as chief resident magistrate also granted a three-day stay on the extradition and ordered the defence to formally request bail from the High Court of Malawi within the stipulated time.
ruled in favour of their extradition. | Nation
But the ruling on extradition has also split public opinion, with some supporters of the televangelist and philanthropist sympathising with him.
In an interview yesterday, private practice lawyer John-Gift Mwakhwawa said the ruling aligns with the country’s legal obligations.
Said Mwakhwawa: “The court has just followed the law on extradition, which obliges Malawi to surrender Bushiri to South Africa in the same way South Africa was obliged on application by the Malawi Government to extradite Misonzi Chanthunya who was surrendered to Malawi, tried in Malawi, convicted and is serving a life sentence here in Malawi for the murder of his lover Linda Gasa.”
Malawi Police Service issued a warrant of arrest for Chanthunya on September 21 2010 and after a two-year man-hunt, he was arrested in June 2012 after Malawi sought help from the South African Government.
However, the convict fought his extradition for seven years before government finally brought him back for trial on March 1 2018.
According to Mwakhwawa, the court is aware that the Bushiris are presumed innocent and will receive a fair trial and serve a just sentence if convicted in the same way the authorities in South Africa believed in fair trial and just sentence when it agreed to extradite Chanthunya.
In a separate interview, another legal expert Justin Dzonzi echoed Mwakhwawa’s views, arguing that extradition treaties exist to prevent countries from becoming criminal havens.
Dzonzi, who is also Justice Link executive director explained that if someone commits a crime abroad and flees home, the law demands they face trial there.
He gave the example of former budget director and Cashgate suspect Paul Mphwiyo who is on the run.
Said Dzonzi: “If Mphwiyo was found in South Africa, the authorities in the country would demand his return. Opposing the ruling shows ignorance of the law or just sheer support for the suspects.”
Following the Wednesday ruling, social media was awash with views of supporters of the self-styled prophet and philanthropist arguing that the country is selling out its citizen, while others applauded the ruling as no one is above the law and that justice must be served.
In 2019, a 1994 Rwandan genocide convict Vincent Murekezi, who lived in Malawi from 2003, was extradited for his role in the genocide. He was tried in absentia and sentenced to life imprisonment.
While in Malawi, Murekezi owned several businesses in Lilongwe and was convicted on fraud-related charges for which he was serving a five-year sentence at the time of his extradition.
He secured Malawian citizenship with a passport but was arrested in 2016 following an international arrest warrant issued by Rwandan authorities to their Malawian counterparts.
The Bushiris’ ‘great’ escape from the rainbow nation remains a mystery and nearly caused a diplomatic row following allegations that the charismatic prophet and his wife were smuggled into Malawi through State machinery.
