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

South Africa’s Justice Minister Mmamoloko Kubayi has on Thursday tried to allay fears that fugitive Shepherd Bushiri and his wife could once again escape justice.

The ministry of justice in Malawi said this week that the couple had a case to answer and could be extradited to South Africa.

Bushiri and his wife fled the country to Malawi in November 2020 after they were granted R200 000 bail.

The two were on trial for several charges, including fraud, money laundering and rape before they escaped.

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Ruling in Malawi

The Chief Resident Magistrate’s Court in Lilongwe ruled on Wednesday that four out of the 10 charges faced by the pair – rape, contravention of bail conditions, forgery, and fraud – need to be heard in South Africa.

Bushiri’s legal team, however, said that it would appeal the ruling at a high court in Malawi.

“The defence… has requested that the magistrate’s court allow the Bushiris to remain on bail until they receive directions from the high court,” said the Malawian Ministry of Justice.

“They further applied for a 30-day stay order on the ruling, which the court granted.”

The magistrate’s court added that it does not have jurisdiction to grant bail to fugitives and as such a decision on the Bushiris’ bail will be decided by the high court.

“The defence is expected to apply for bail during the stay order, as directed by the magistrate’s court. This means the Bushiris will remain on bail.”

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‘Fugitives will be caught’

This has sparked concerns that the Malawian couple may make another daring escape from custody.

Speaking on eNCA on Thursday, Justice Minister Kubayi said she is confident that the fugitives will be caught if they flee.

“If [the Bushiris] do, then they are on the Interpol.  So if they move to another country, we’ll go and look for them and bring them back.”

Kubayi further stated that Bushiri’s appeal will be opposed.

“The National Prosecuting Authority (NPA), and the [Malawi] prosecutor are working together because the  law requires them to work,” she said.

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Gupta’s case

SA has experienced multiple extraditions over the last several years, including efforts to bring the corruption-accused Gupta family back to the country.

According to Kubayi, the NPA assured that they are still working to bring the Gupta family back to South Africa.

“At the right time we’ll communicate, like we’re communicating now with the Bushiri matter. We don’t want to communicate things that are still in process and compromise the work,” the minister said.

Kubayi also said that it would be “unrealistic” for her to provide a timeline for when the family will be returned to the country.

 ”It’s not a matter that is within my control. It’s work that we can commit [to and] that we will not abandon the case.”

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