Minister of Justice and Constitutional Development, Thembi Simelane, says the South African government is still trying to extradite Enlightened Christian Gathering (ECG) church leader Shepherd Bushiri and his wife, Mary.
The Bushiris are wanted in connection with a fraud and money laundering case to the alleged tune of R102 million.
The couple fled to Malawi in November 2020, just a few days after they were granted bail of R200,000 each – under strict conditions – in the Pretoria Central Magistrate’s Court.
Malawi received the formal extradition request for Bushiri and his wife from the South African government on 5 December 2021.
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The extradition request was submitted in terms of the Southern African Development Community (SADC) protocol.
The process hit a snag in February last year after the High Court in Malawi ruled in the couple’s favour.
The court ruled that South African witnesses in the extradition case must travel to Malawi to give evidence.
This overturned a 2022 ruling that allowed witnesses to give evidence virtually before a South African court.
The witnesses’ testimonies would then have to be sent to Malawi to continue the preliminary extradition hearing.
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However, Bushiri and his wife, through their lawyer Wapona Kita, argued that the witnesses had to be physically in court in Malawi to testify in the extradition case.
The high court ruled in their favour.
In a briefing to outline the department’s priorities and clarify its position on matters of public interest on Friday morning, Simelane said her department was continuing with extradition applications for the Gupta brothers and the Bushiris.
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The Guptas and their family fled the country in 2018 for the UAE after law enforcement agencies ramped up their investigations into allegations of State Capture.
Interpol then issued Red Notices for the Guptas in 2022.
In June 2022, Rajesh and Atul Gupta were arrested in Dubai. The arrest was in connection with the R24.9 million Nulane Investment fraud and money laundering case.
Efforts to extradite them have so far been unsuccessful.
“The department is actively engaged in addressing the mutual legal assistance in criminal matters and extradition requests involving South Africa,” she said.
“We are committed to fulfilling our treaty and extradition obligations to ensure that justice is served in all relevant cases.
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“These cases have faced several challenges, but we remain steadfast in our pursuit of accountability. Our teams are working diligently through diplomatic and legal channels to bring these matters to a resolution.”
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