Bushiri celebrates reduced charges, but can they be reinstated? Malawi’s attorney general explains

Self-proclaimed prophet and fugitive Shepherd Bushiri has celebrated the reduction of the charges against him, attributing it to God.

On Wednesday, Malawi’s Chief Resident Magistrate’s Court granted South Africa’s extradition request.

The couple remains out of jail pending an application for bail in the High Court.

Bushiri celebrates

Bushiri took to social media to celebrate the reduction to three charges that passed the extradition requirement.

“As you may know, we were facing 13 cases in court. But God, in His infinite wisdom and power, has caused the court to dismiss 10 of those cases due to lack of evidence! Only three cases remain,” he said.

ALSO READ: Will Shepherd Bushiri escape again? Here’s what the justice minister says

However, the Ministry of Justice and Constitutional Development mentioned at least six charges Bushiri faces.

They include rape, violating bail conditions, contraventions of the Financial Advisory and Intermediary Services Act, Banking Act, Civil Aviation Act and Immigration Act.

The couple fled to Malawi in November 2020, after being granted bail of R200 000 each under strict conditions in the Pretoria Central Magistrate’s Court.

At the time, Bushiri cited “safety and security issues” for their actions.

“There have been clear and evident attempts to have myself, my wife and my family killed. Despite our several attempts to report to authorities, there has never been state protection,” he said.

“We have come to a painful conclusion that what my wife and I have faced in the Republic of South Africa since 2015 is purely persecution, not prosecution.

ALSO READ: Malawi court grants South Africa’s request to extradite Shepherd Bushiri and wife

“What is shocking is that it was me who, in 2018, opened cases of extortion and intimidation against the officers who are, today, investigating, arresting and prosecuting me and my wife of these several allegations.

“Obviously, there can never be independence and impartiality. It’s purely acts of open vengeance.”

Bushiris continue fight

Following Wednesday’s ruling, Bushiri said in a statement that he intends to appeal.

“Only three cases remain, and we have been granted a stay of the ruling until we appeal to the High Court of Malawi. This is a tremendous victory, and we give all the glory to God,” he said.

Malawi’s attorney general, Thabo Chakaka-Nyirenda, welcomed the court’s decision.

“I think you may know that the role of authority in this case is neutral. But of course, because we operate on the rule of law, we welcome the decision of the courts,” Chakaka-Nyirenda told Newzroom Afrika on Thursday.

ALSO READ: On the run Pastor Bushiri and accomplices allegedly laundered at least R73m

He explained that the Malawian court had no grounds to deny the couple bail.

“He will remain on bail until the appeal process is finalised in the High Court. The High Court can decide whether the bail should be revoked or not. And then there can also be more appeals as well.

“I understand that for now, it might also be very difficult for the state to say he cannot be granted bail. Some of the fundamental principles in granting bail are where a suspect, in this case, has connections outside the country.

“So, he may say that he doesn’t have any connection or any assets outside the country. Of course, we know the only connection is South Africa, where he fled.”

Can charges be reinstated?

Chakaka-Nyirenda said if South Africa intends to prosecute Bushiri on charges other than those in the extradition application, it will need consent from the Malawian government.

“If South Africa intends to persecute on other charges apart from those charges that are not part of the extradition, the South African government would have to seek consent from the Malawian government to prosecute on those charges. It also may extend the consent from Mr Bushiri to fight to say ‘you only submitted the extradition with respect to these three or four charges, you cannot prosecute me on the other charges,” said Chakaka-Nyirenda.

ALSO READ: Cops detained Bushiri’s lawyers for corruption, intimidation say Hawks

Although the lower court ruled against the Bushiris, the attorney general expects them to appeal to the Supreme Court. He said, however, that he does not expect the future process to take longer than the previous one.

“We wouldn’t expect these processes to be delayed because, in the other processes, we had issues of preliminary applications and also hearing of evidence from witnesses and submissions and decisions. In this case, there will only be one hearing. Even if there is an appeal to the Supreme Court, there is only going to be one hearing.”