The National Prosecuting Authority (NPA) on Wednesday said it accepted the ruling by the Pretoria Magistrates Court in the Shepherd Bushiri fraud and money laundering case.
Bushiri, his wife Mary, and two of his other co-accused have been granted bail.
They stand accused of fraud amounting to about R102 million.
The NPA welcomed the court’s ruling despite the decision to grant the Bushiris bail.
The state had argued that the pair’s visas had discrepancies and they questioned the legitimacy of their permanent residency in South Africa.
Magistrate Thandi Theledi said there was no reason to believe the accused would flee.
“The state has made submissions that accused number 4 and 5 have disposed of their properties and their vehicles; However, no evidence was placed before court to substantiate sale – a certain website was referred to.”
Meanwhile, fellow self-proclaimed prophet Paseka Mboro Motsoeneng said he had a dream that Bushiri would be granted bail.
“Whatever I dream, it happens. I was praying that ECG would make corrections, and the things that I was complaining about would be resolved and the case of defamation that they have against me be withdrawn.”
The group of Bushiri followers dispersed from outside the magistrate court on Francis Baard Street after waiting outside the court during Wednesday’s proceedings.
BUSHIRI A FREE MAN…FOR NOW:
Bushiri is a free man for now, and he will stay outside of prison as long as he keeps his permanent residency.The remaining accused Willah Mudolo only made his intention to apply for bail known on Wednesday, and his hearing has been postponed to Friday.
Magistrate Theledi based her decision to grant bail to the Bushiri on their permanent residency
“That status is still a concern to the state and is under investigation, but the fact remains that status still stands at the present moment.”
But she said if their residency is rescinded, Section 68 of the Criminal Procedures Act would apply.
Professor at University of Cape Town Public Law School-Cathy Powell said rescinding their residency would automatically make them flight risks.
What the magistrate has done is provide for that eventuality. The moment their residency is withdrawn, they will be rearrested and held in custody to protect the criminal proceedings so that they can actually take place.”
The accused will return to the Pretoria Magistrates Court on Friday for Willah Mudolo's bail application.
