* Lilongwe Chief Resident Magistrate Court has since ordered the couple to remain in custody until they are handed over to South African authorities
* Their lawyer Wapona Kita has asked the court to pause the extradition order and grant the couple bail but state lawyer, Dziko Malunda objected
* But if bail is allowed, it should come with strict conditions, such as large sums of money, property guarantees and signed commitments from sureties
By Duncan Mlanjira
If Shepherd Bushiri and his wife Mary would file for an appeal against the ruling made by Chief Resident Magistrate Court in Lilongwe that Malawi Government must send back the two to South Africa to face their criminal charges, the South African government will oppose the appeal.
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South Africa asked Malawi for the extradition of the to stand trial on various charges, including rape; violating bail conditions; contraventions of the Financial Advisory & Intermediary Services Act; Banking Act; Civil Aviation Act;and Immigration Act.
However, the Chief Resident Magistrate Court has dropped some charges that include theft, money laundering and racketeering, among others due to insufficient evidence — but it has since ordered the couple to remain in custody until they are handed over to South African authorities.
The Bushiris’ lawyer Wapona Kita has asked the court to pause the extradition order and grant the couple bail but state lawyer, Dziko Malunda, argued that if bail is allowed, it should come with strict conditions, such as large sums of money, property guarantees and signed commitments from sureties.
The court is yet to make a ruling on the submissions by both the State and defence.
Upon hearing the outcome of the Court in Malawi, South Africa’s Department of Justice & Constitutional Development, serving as that country’s central authority, says it is collaborating with the Malawi Central Authority while engaging with International Police (INTERPOL), the National Prosecuting Authority (NPA) and the South African Police Service (SAPS).
In a press statement, the Department says it will await the outcome of the appeal process if they proceed while welcoming the ruling.
The statement adds that in 2020, the Bushiris appeared before two different courts in South Africa on multiple criminal charges, which granted them bail pending trial but failed to comply with their bail conditions by fleeing the country under unknown circumstances until they were later located in Malawi.
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“This decision [by the Malawian court] reaffirms judicial independence, international cooperation, and public trust in the South African and Malawian legal institutions.
“Today’s ruling is a significant milestone in international legal cooperation, demonstrating the strength of both countries’ judicial frameworks and diplomatic engagements.
“It reinforces the principle that no one is above the law and underscores the importance of accountability, transparency, and adherence to legal frameworks in both South Africa and Malawi.
“This case has drawn significant public and media attention, highlighting broader issues of corruption and accountability. It also underscores the critical role of legal agreements and treaties in tackling transnational crime and ensuring that justice is served, regardless of borders.
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“South Africa remains committed to strengthening legal and diplomatic partnerships to ensure that fugitives are brought to justice and that legal systems remain fair, credible and effective.”
The Department further indicated that if the Bushiri’s succeed to have the case go for appeal, South Africa will await the outcome — but if not successful, they will await formal notification from Republic of Malawi’s Central Authority.
“Once received, INTERPOL, in collaboration with SAPS will coordinate the transfer arrangements and logistics. The State will cover all associated costs,” said the statement issued immediately after this afternoon’s news of the ruling by the Chief Resident Magistrate Court.
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