Ten Key Points That CSOs Have Raised Today in Their Statement Opposing Bushiri’s Extradtion

• Violation of Human Rights and Threats to Life

1. Since 2018, Prophet Shepherd Bushiri and his wife Mary Bushiri have faced serious allegations of persecution in South Africa, including death threats, extortion, and assassination attempts reportedly orchestrated by members of the Hawks (DPCI). Detailed evidence submitted included names of implicated officers, audio recordings, and affidavits.
2. Human rights organizations, including the Human Rights Consultative Committee (HRCC) and Forum for National Development (FND), have been advocating on behalf of the Bushiris, citing violations of international human rights laws.

• Malawi’s Constitutional Obligation to Protect Citizens

1. The Government of Malawi has a constitutional duty to defend its citizens, yet it has initiated extradition proceedings without addressing the credible threats the Bushiris face in South Africa.
2. Despite returning to Malawi in November 2020 seeking protection, the Bushiris have faced arrest and court processes rather than diplomatic intervention from their home government.

• Ignored Evidence and Unaddressed Complaints

1. On 18th June 2018, case file O/DPCI/J/218/07/2018 was opened in South Africa after a formal complaint lodged by HRCC and FND about the Bushiris’ persecution.
2. Despite multiple follow-ups (latest being on 6th June 2023 via a letter to the South African High Commission), South Africa has failed to act on or report back on these complaints.
3. In January 2019, affidavits were submitted revealing forced false accusations against Bushiri through torture and extortion demands of ZAR 20 million monthly by senior South African officials.

• Erosion of Malawian Sovereignty

1. The statement argues that Malawi is being unduly influenced by South Africa’s diplomatic pressure to extradite the Bushiris, rather than safeguarding its national sovereignty and citizen rights.
2. Malawi’s courts and executive have not adequately asserted their independence in protecting the Bushiris, raising concerns about foreign interference in domestic judicial matters.

• Bushiris’ Voluntary Return to Malawi and Cooperation

1. Upon returning to Malawi on 18th November 2020, the Bushiris voluntarily surrendered themselves at Police Headquarters in Lilongwe, showing their willingness to cooperate with authorities.
2. Unlike fugitives who typically flee to non-extradition countries (e.g., the Gupta family fleeing to Dubai), the Bushiris returned to Malawi, a signatory of the SADC Extradition Protocol.

• Xenophobic and Hostile Environment in South Africa

1. The Bushiris were subjected to xenophobic attacks led by public figures and civic organizations like SANCO (South African National Civic Organisation). This included threats of lynching and road blockades targeting their congregation at the ECG Church.
2. South African government officials have also been accused of inciting public hostility by labeling the Bushiris as “foreigners” who should “go back home,” creating an unsafe and prejudiced environment.

• South Africa’s Failure to Investigate or Ensure Justice

1. Despite multiple complaints filed by MaBLEM and other CSOs between 2018 and 2023, South African authorities, including the Independent Police Investigative Directorate (IPID) and South African Human Rights Commission (SAHRC), have failed to deliver substantive responses or conduct independent investigations.
2. Even after power of attorney was granted to the DPCI Judge in August 2020, no investigation outcomes have been shared.

• Political Sensitivity Ahead of Malawi’s 2025 Elections

1. Malawi’s general elections are scheduled for September 2025, and the Bushiri extradition case has become a politically charged issue.
2. Many Malawians, influenced by civil society campaigns and public sentiment, view the extradition as a betrayal and a failure by President Lazarus Chakwera’s government to protect Malawian nationals.
3. This could affect electoral outcomes, with opposition parties likely to capitalize on the government’s perceived mishandling of the matter.

• Parliamentary Involvement and Inaction

1. On 30th October 2023, MaBLEM wrote to Malawi’s Legal Affairs Committee and Foreign Affairs Committee requesting intervention.
2. While both committees acknowledged the concerns and committed to reviewing the case, no formal hearings have been held due to a lack of allocated resources.

• Call for Diplomatic and Parliamentary Action

1. MaBLEM urges the Malawian government to halt extradition proceedings until:
   1. South Africa provides a transparent investigation report on the Bushiris’ persecution claims.
   2. The Malawian Parliament holds formal hearings to ensure citizen protection is prioritized.
2. Additionally, they call on Malawians to resist injustice through civic engagement and public mobilization, warning that the extradition could set a dangerous precedent for future cases involving Malawians abroad.

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