Johannesburg – Fugitive pastor Shepherd Bushiri’s legal woes continue to mount as the National Prosecuting Authority (NPA) secures a crucial victory in its pursuit of the self-proclaimed prophet’s assets.
The North Gauteng High Court has granted the NPA permission to sell Bushiri’s luxury jet, valued at a staggering R50 million, marking a significant step in the ongoing investigation into alleged financial crimes.
This latest development comes as the NPA seeks to prove that the aircraft, acquired in 2019, was purchased with the proceeds of illicit activities. Just last month, on 5 March, prosecutors approached the Pretoria High Court seeking an interlocutory application to help it secure the aircraft, as the criminal case against him unfolded. The prosecutors believe the aircraft was instrumental in his illegal dealings in South Africa.
The court ruling, granted on 26 March by Judge Sulet Potterill, authorises the NPA’s asset forfeiture unit to sell the Bombardier Challenger 604, currently stationed at Lanseria airport. The proceeds from the sale will be held in a trust account pending the finalisation of the criminal case against Bushiri.
The NPA believes the aircraft was instrumental in his illegal dealings in South Africa.
The judgement read: “The National Director of Public Prosecutions is authorised to appoint National Aircraft Corporation as its representatives to sell the aircraft.”
The NPA’s case hinges on the allegation that Bushiri disguised the ownership of the aircraft by registering it under his entity, Shepherd Bushiri Investments (SBI), rather than in his own name. This, they argue, was a deliberate attempt to shield the asset from scrutiny amidst ongoing investigations.
National Director of Public Prosecutions Shamila Batohi said: “By using Shepherd Bushiri Investments to register the plane, he obscured ownership, making it hard for authorities to seize it. This ruling ensures accountability for financial crimes and secures unlawfully obtained assets.”
According to the initial application, prosecutors have uncovered that Bushiri had disguised the registration of the aircraft, opting to use his entity Shepherd Bushiri Investments.
“It will be submitted that Bushiri cannot be a party to the proceedings merely because he is the director of SBI, the same applies to Mary (Bushiri’s wife).
“For these reasons, it will be submitted that Bushiri does not have locus standi (a right to make representations), to be heard in this matter that his opposition must be dismissed with costs,” read the application.
The NPA spokesperson Lumka Mahanjana confirmed that they had filed a court application against Bushiri relating to the purchase of the aircraft, but she declined to give further details.
“In his affidavit, Bushiri explains that the source of the dollars used to purchase the aircraft was gifts received during church services and other cash donations. These funds were not audited but prepared on a spreadsheet. The information on the reconciliation was compared with the amounts reflected in respect of the hotels, and various inconsistencies were found.”
The application further states, “The document was not prepared by someone with a financial background, there was no corroborating evidence attached to the spreadsheet, and it seemed flawed. They also cite that Bushiri made false representations to the Reserve Bank that the money came from church donations.”
On this basis alone, it must be concluded on a balance of probabilities that the aircraft was acquired with the proceeds of unlawful activities, among [them], money laundering. By buying the aircraft in the way Bushiri sought to do, the crime of money laundering was committed.
“With all the facts at the NDPP’s disposal, as well as the versions put up by Bushiri, it is difficult to determine the source from which the money was obtained and how it found its way to purchase the aircraft. What became clear, on Bushiri’s version, is that it did not originate from a loan agreement,” reads the court document.
The NPA is targeting other assets linked to Bushiri, such as luxury cars, properties, and bank accounts. The plane’s sale is expected to generate significant funds for asset recovery efforts.
The NPA emphasized its commitment to holding financial criminals accountable.
“We will continue to pursue all avenues of asset recovery,” Batohi said.
In a statement, government welcomed the ruling by the court in Malawi regarding the Bushiris’ extradition, adding that it was a significant milestone in international legal cooperation. The decision also reinforced the principle of the rule of law, it added.
The Lilongwe Magistrates’ Court ruled that the couple may be extradited to face several charges, including rape; violation of bail conditions; and breaches of financial, aviation, banking and immigration laws.
Government said the decision marked a significant step in ensuring their return to South Africa to face trial.
“This decision highlights the strength of our legal systems and the importance of holding individuals accountable, regardless of their status,” read the statement.