Justice Minister Mmamoloko Kubayi has clarified that while the South African government cannot directly charge uMkhonto weSizwe Party (MK Party) secretary-general Floyd Shivambu for his association with fugitive Prophet Shepherd Bushiri, his actions have raised serious concerns about undermining the rule of law.
This follows Shivambu’s recent visit to Malawi for the church’s annual Easter service, where he praised the controversial pastor despite Bushiri’s fugitive status.
Bushiri, who absconded bail and left South Africa in 2020, faces serious criminal charges, including rape and financial misconduct.
In an interview on Newzroom Afrika , Minister Kubayi expressed disappointment in Shivambu, emphasising that his actions could embolden Bushiri’s defiance of South Africa's legal system. However, she also acknowledged that the South African government cannot take direct legal action against Shivambu, as he is not a member of the cabinet and holds a political position in the MK Party.
"As a leader, you have obligations, and you can't simply go and promote a foreign national who has fled from the law," Kubayi said.
Shivambu’s praise of Bushiri, who faces charges in South Africa, and his visit to the pastor's church in Malawi have drawn criticism.
Kubayi stressed that political leaders have a duty to uphold the rule of law, both within their country and abroad.
"We can't afford South Africans to undermine the justice system by associating with individuals who are fugitives from the law," she said.
While the MK Party distanced itself from Shivambu’s actions, Kubayi made it clear that the party's stance was a positive step in showing their commitment to the rule of law.
"I appreciate what uMkhonto weSizwe has done in distancing themselves from this incident," Kubayi said, underlining the importance of political figures acting responsibly.
The issue also extends to the ongoing extradition proceedings against Bushiri.
Kubayi outlined that the South African government has followed the necessary legal channels to request Bushiri's return from Malawi to face his charges.
"We are confident that the appeal will go in our favor, and Bushiri will be brought back to South Africa," she said.
Although Bushiri’s legal team is attempting to limit the charges he faces in the extradition process, Kubayi remains hopeful that the pastor will soon stand trial in South Africa.
The Justice Minister highlighted the government's commitment to upholding justice and stressed the importance of discouraging actions that undermine the integrity of South Africa’s legal system.
"We hope that by the end of this year, Bushiri will be back in South Africa to face the charges against him," she said.