Activist Wellington Masiwa, popularly known as 'Nyokayemabhunu', has lost his bid to stop his extradition from South Africa after a Randburg magistrate ruled that he can be surrendered to Zimbabwe to serve a sentence linked to a fraud conviction.
In a judgment delivered on Monday, the Randburg Magistrate's Court found that Zimbabwe had met all legal requirements under the Southern African Development Community (SADC) Extradition Protocol and South Africa's Extradition Act.
"The Respondent is liable to be surrendered to Zimbabwe for the crime set out in the formal extradition documentation," the court ruled.
The court further ordered that Masiwa remain in prison while awaiting a decision by South Africa's Minister of Justice and Constitutional Development on whether he should be handed over to Zimbabwe.
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"The Respondent is ordered to be committed to prison to await the decision of the Minister of Justice and Constitutional Development with regard to his surrender," the judgment said.
Masiwa has 15 days to appeal the ruling before South Africa's High Court.
Zimbabwe is seeking Masiwa over a fraud case in which he pleaded guilty before leaving the country. He received a 24-month prison sentence, wholly suspended on conditions that included paying US$3,660 in restitution to the complainant, Prince Kuvito. Zimbabwean authorities argue he failed to comply with those conditions.
The South African court rejected arguments by Masiwa's lawyers that the extradition request failed the principle of dual criminality, finding that fraud is a criminal offence in both Zimbabwe and South Africa.
"Accordingly, this court is satisfied that the provisions of the Protocol and the Extradition Act... have been successfully met," the magistrate ruled.
The court also declined to consider Masiwa's claims that he would face political persecution if returned to Zimbabwe, saying those issues fall within the powers of South Africa's justice minister rather than the extradition court.
Africanworld news"It is clear... that this court cannot make a finding on the Respondent's evidence regarding his persecution in his home country or if he will have a fair trial," the judgment stated.
Masiwa rose to prominence in Zimbabwe under the nickname Nyokayemabhunu, becoming one of the country's most followed online political commentators. His WhatsApp platform, Nyokayemabhunu News, amassed more than 200,000 subscribers during a period of heightened political tensions, particularly when outspoken war veteran Blessed Geza publicly called on President Emmerson Mnangagwa to step down.
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During the extradition proceedings, Masiwa told the court he fled Zimbabwe after the November 2017 military takeover because he feared persecution over his political activities. He said he went into hiding before crossing into South Africa and later applied for asylum.
He also told the court he feared returning to Zimbabwe because he believed his life would be in danger.
According to the judgment, Masiwa claimed he had been declared "an enemy of the Zimbabwean state", was on a "hit list", and feared he would be "poisoned and killed" if extradited.
He further testified that he did not return to Zimbabwe even after the death of his first wife because he believed the assault that led to her death was intended as a warning to him.
Despite those claims, the magistrate ruled that there was sufficient evidence to warrant his extradition and that the decision on whether those fears should prevent his surrender rests with South Africa's justice minister.
