Bushiris file application to set aside ruling ordering extradition to SA
The couple fled to Malawi in November 2020.
Self-proclaimed prophet Shepherd Bushiri and his wife Mary in the Pretoria Magistrate's Court during their bail application on 4 November 2020. Picture: Jacques Nelles
Self-proclaimed prophet Shepherd Bushiri and his wife, Mary Bushiri, have filed a review application to set aside the judgment ordering their extradition to South Africa.
The Bushiris filed their application before the High Court of Malawi in Lilongwe on Wednesday.
They claim they weren't given a chance to be heard, violating natural justice principles.
Hearing
In papers before the high court in Malawi, the controversial couple claim they weren't given a chance to be heard, violating natural justice principles
They argued the chief magistrate erred in law by breaching the fundamental principles of natural justice.
'The applicants humbly but firmly pray for the quashing of the findings that the requesting State made out a case for extradition… setting aside of the order of committal.'
In March, Malawi's Chief Resident Magistrate's Court ordered that the Bushiris be extradited following a request by South Africa.
ALSO READ: Bushiri celebrates reduced charges, but can they be reinstated? Malawi's attorney general explains
Charges
They face at least six charges including 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.
ALSO READ: Cops detained Bushiri's lawyers for corruption, intimidation say Hawks
'Safety and security'
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.
'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,' Bushiri said.
The Malawian couple run a church known as Enlightened Christian Gathering with branches in various African countries.
ALSO READ: Malawi court grants South Africa's request to extradite Shepherd Bushiri and wife
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