Africa-Press – Malawi. Prophet Shepherd Bushiri is digging in, mounting a forceful legal defence against what he argues is an overreach by South African authorities seeking to auction his luxury jet without proving it was bought through crime.
At the centre of the storm is a Gulfstream aircraft purchased in 2015—now the subject of an asset forfeiture order obtained by South Africa’s National Prosecuting Authority (NPA). But Bushiri’s argument is blunt: the state is acting on suspicion, not evidence.
In filings before the Pretoria High Court, Bushiri insists the aircraft was lawfully acquired through a sale agreement with National Airways Corporation (NAC), dismissing allegations of fraud and money laundering as unproven claims built on gaps in documentation rather than hard facts.
“The aircraft was purchased by means of a cash transaction. There is no evidence of fraud in the purchase and financing of the aircraft,” Bushiri states in his submissions.
The controversy hinges largely on how the jet was paid for. Court papers allege that more than $1.1 million was delivered in cash—a detail that has triggered suspicion from investigators. But Bushiri’s camp is flipping that narrative, arguing that paying in cash, while unusual, is not illegal in itself—especially in high-value, cross-border aviation transactions where foreign currency is common.
His legal team further argues that even the state’s own investigators cannot conclusively trace the origin of the funds. That uncertainty, Bushiri contends, fatally weakens the case for asset forfeiture.
“The NPA’s concession that it does not know the source of the money is dispositive,” he argues—essentially saying the state cannot confiscate property based on what it cannot prove.
Much of the prosecution’s case leans on claims that a supposed loan agreement with Joint Aviation Resources (JAR) was fabricated. But Bushiri’s defence counters that the absence of a verified loan does not automatically translate into criminal conduct—only that the funding structure remains unclear.
His camp also challenges the jurisdictional reach of South African authorities, arguing that alleged exchange control violations fall outside the scope of the forfeiture action being pursued.
Supporting affidavits from his inner circle paint a picture of a transaction that, while unconventional, was conducted openly. Milton Owuor, chief operating officer of Shepherd Bushiri Investments, confirms he was present during the purchase process and says NAC officials raised no objection to receiving payment in US dollars.
According to Owuor, the only delay in finalising the deal was logistical—the absence of a currency counting machine on the day payment was first attempted. The following day, the cash was counted, with a shortfall later settled in South African rand based on the prevailing exchange rate.
Crucially, Owuor states he did not question the source of the funds, citing Bushiri’s international ministry and regular inflows of foreign currency contributions from followers abroad.
The case also unfolds against a broader legal backdrop. Bushiri and his wife, Mary, fled South Africa in 2020 while on bail facing multiple charges. Although South Africa initially secured an extradition order, Malawi’s High Court overturned it—adding another layer of complexity to an already politically and legally charged saga.
Now, as the NPA pushes to auction the jet, Bushiri’s defence is zeroing in on a single, decisive point: suspicion is not proof.
And unless the state can draw a clear, evidence-backed line between the aircraft and criminal proceeds, his camp argues, the attempt to seize it may collapse under its own weight.
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