In order to properly appreciate the possible extradition of the Bushiris from Malawi to South Africa, it is necessary to understand extradition law and its processes more generally.
The news that Sheperd and Mary Bushiri fled from South Africa to Malawi spread quickly around the world. The Bushiris are accused in a South African court of fraud and money laundering to the tune of R102-million. The charges are related to their controversial church, the Enlightened Christian Gathering.
The couple were out on bail and appear to have left South Africa, contrary to their bail terms, while criminal proceedings against them are pending in court. Their escape to Malawi and the possibility of their extradition to South Africa have attracted much commentary in the media and on social media, including tweets from the South African ministers of justice and transport. The Bushiris' possible extradition from Malawi has become a matter of international interest.
The focus of the commentary has been on a multilateral international treaty, the SADC Protocol on Extradition, signed by 14 SADC states in October 2002. But in order properly to appreciate the possible extradition of the Bushiris from Malawi to South Africa it is necessary to understand extradition...