16/11/2020
5 Important Questions Surrounding Bushiri’s Possible Extradition
The South African government has vowed to never let go of Prophet Shepherd Bushiri who miraculously found himself in Malawi. Bushiri is facing a number of charges in the Rainbow nation; some of which include fraud and money laundering. He is currently on bail, and one of the bail grant conditions was that he should never set a foot anywhere beyond South African boarders up until the issue is sorted out. Following this, the South African government is reported to have started the extradition process that if successful, will see Malawi surrendering its citizen to the government of South Africa for trial and possible punishment. Mpaliro addressed five important questions that are vital extradition determinants in Bushiri’s case.
1. Shouldn’t Malawi have blocked Bushiri’s entry because he is facing charges in another country?
NO! Malawi is his country and he has no case with his home country. Therefore, he can come in and leave as he pleases. But the fact that he has escaped the country in which he committed his proposed crimes, a condition for extradition is triggered.
2. Are his charges extraditable offences?
Yes! Article 3(1) of SADC’s protocol on extradition, which both Malawi and South Africa signed, makes it clear that ‘extraditable offences are offences that are punishable under the laws of both state parties by imprisonment or other deprivation of liberty for a period of at least one year.’ In this case, issues of fraud and money laundering are punishable in both Malawi and South Africa. Apart from that, the offences he is accused of are falling under taxation, custom duties and exchange controls. This category is one of the most serious categories of offences and provides a strong extradition case.
3. Can Malawi refuse to surrender Bushiri to South Africa?
Absolutely Yes! Bushiri’s arrest has been widely speculated to be attached to xenophobic issues by the South Africans. If this is true, then Malawi can get hold of its citizen. In this case they have a SADC backing as stated in protocol of extradition article 4(b). This part of the article states that a requested state may refuse to surrender their citizen if the requesting state want to punish the person on grounds relating to race, religion, nationality, ethnic origin, political opinion, s*x or that ‘the person’s position maybe prejudiced for any of those reasons.’ Bushiri upon his arrival, claimed that he has been a subject of death threats from the South Africans; this as well provides a strong ground that Malawi can use to decline surrendering of its citizen as anchored by article 4(f) of the same extradition protocol. If these grounds are anything to go by, then Bushiri can be assured of safety back home.
4. What happens to his property?
Bushiri risks losing his property if proven to have acquired it through the same offences he is being accused of; as highlighted in article 15(1) of SADC’s extradition protocol. This is triggered when the extradition request has been granted. However, the request has not yet been made and his property has not been proven to have been acquired through the offences charged. Therefore, as it stands he still owns his property.
5. Does Bushiri risk facing additional charges if the extradition request will be granted?
Most definitely! He has already breached some of the conditions attached to his bail ruling on traveling, as well as dodging travelling protocols for the rainbow nation that might include using dubious routes.