The bail hearing for popular South African based Malawian prophet, Shepherd Bushiri and his co-accused was held today.
Key Points
1. The judge put it on record that no images of Willah Mudolo or Zethu Mudolo can be taken for what purpose whatsoever ( Accused 1 and 2).
2. Accused 2, 4, 5 and 6 applied for bail. Accused number 1 has not applied for bail.
3. Accused 1 and 2 Appeared in court on the 17th of October 2020.
4. The state said the appeal for accused 1 and 2 were finalised and the bail date was set for 30 October.
5. The other accused were arrested on the 20th.
6. The accused were remanded in custody.
7. On commencement of bail proceedings, the accused proceeded by way of affidavits. No oral evidence was led.
8. In terms of the constitution, everyone who is arrested has a right to be released on bail if the conditions permit. However, the rights are not absolute.
9. Offences which fall within Schedule 5 which provides that the court shall order that the accused be detained in custody except if they give reasons.
10. According to the state the accused are a flight risk, they will intimidate witnesses and their addresses are not certain.
11. It has been argued that Accused number 2 is not the main accused and she is detained because she is married and she is South African. She suffers anemia and she needs medical attention.
12. Accused number 4 and 5 (Bushiri and His Wife) are Malawian citizens who are permanent residents in South Africa. Home Affairs was interdicted from revoking their permanent residents status.
13. Bushiri and his wife have 30 days after they make their first plea to make representation to Home Affairs.
14. Bushiri and his wife are prominent members of society and are leaders of ECG church.
15. It has been argued that accused number 6 is married and has no children and is a flight risk. The state said accused number 6 has a questionable address.
16. Bail is never to be viewed as a punishment or an incentive. Bail is only a means to ensure the attendance of the accused for their hearing. Being a foreigner is not a reason to be denied bail.
17. The state has failed to provide evidence that Bushiri removed his cars or disposed of his properties.
18. Accused 2, 4,5 and 6 are given bail with conditions
19. Bushiri and his wife are barred from threatening the prosecuting team during their preaching.
20. Bushiri and his wife granted R200 000 bail each and to hand over title deeds of their R5 .5 Million Midstream state house. The title deeds must be provided to the NPA by 5 November or the judge will revoke bail.
21. Accused number 1 wants to start bail proceedings, which will be heard on Friday.
22. Accused number 2 will pay R20 000 bail
23. Accused number 6 will pay R100 000 bail
