'Bushiri invoked SADC protocol, may have the last laugh says extradition lawyer

Extradition expert Gary Eisenberg explains the process of South Africa bringing Sheperd Bushiri back to SA to face trial.

Shepherd Bushiri posted a statement on his Twitter page over the weekend that he and his wife Marry have gone to Malawi saying he fears for their safety.

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They are accused in a high profile trial on charges of fraud, theft, and money laundering but were released on bail in November at the Pretoria Magistrate's Court, yet was able to slip out of the country unnoticed.

Bushiri was out on R200 000 bail when he fled to Malawi.

Justice Minister Ronald Lamola has since announced that they are doing all they can to have him extradited. But just how easy is that going to be?

Immigration and extradition expert Gary Eisenberg speaks to Refilwe Moloto about the process to get the pair back to South Africa.

Eisenberg argues that Bushiri is clearly a well-informed gentleman with regards to what applies in his case with regard to the SADC protocol on extradition.

If one looks at it one finds Article 4 in particular, which will prevent Malawi from extraditing him because Bushiri will probably never receive guarantees of an impartial trial in South Africa.

Gary Eisenberg, Immigration and extradition lawyer

During his list of demands outlined last week, Eisenberg says Bushiri was invoking Section 4 of the SADC protocol.

It is totally within his rights to do so, and he might have the last laugh.

Gary Eisenberg, Immigration and extradition lawyer

Eisenberg explains the details which would be used to argue why Bushiri may never be able to be guaranteed an impartial trial in South Africa.

Take a listen below:

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