LILONGWE: The Malawian court has ordered the release of Prophet Shepherd Bushiri and his wife Mary, 24 hours after he handed himself to the police in his home country in compliance with a warrant of arrest issued by the South African court.
Speaking to this Swaziland News earlier on Thursday before the release of the Prophet, Alfred Chauwa, a journalist of the Nyasa Times said the mere fact that Prophet Shepherd Bushiri holds a diplomatic passport might work to his advantage when fighting the extradition in court.
The top Malawian journalist said even thou State agents are keen to see the law taking its course by having the Prophet handed over to the South African law enforcement agencies, there are legal technicalities that might see Bushiri walking free like his diplomatic status that gives him prosecution immunity.
“It looks like Government is cooperating, however, some in the legal fraternity are urguing that sending him there(South Africa) might be against the rules because Bushiri is holding a diplomatic passport, meaning he is a diplomat. So, a diplomat can’t be extradited unless he faces murder or treason, the laws are very clear on this one but we don’t know how this will end” said the journalist.
When asked if the Southern African Development Community(SADC) treaty on extradition suggesting that a suspect cannot be handed over to a country in the event it’s proven that particular person might face torture or any danger to his or her life, the Malawian journalist said legal experts cited that treaty as well. This comes after Prophet Shepherd indicated several times through press statements that his life remain in danger in South Africa hence the decision to leave to his home country violating bail conditions.
“That is true, it’s what even experts here are saying, that is why maybe taking him to court is just for formality” he said.
Prophet Shepherd Bushiri and wife Mary