The Cabinet on Wednesday, 04 October, considered and approved Zimbabwe’s Accession to the SADC Protocol on Extradition.
“Accession” is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states and has the same legal effect as ratification.
Speaking during a post-Cabinet media briefing in Harare today, the Minister of Information, Publicity and Broadcasting Services, Jenfan Muswere, said:
<blockquote>
Cabinet considered and approved Zimbabwe’s Accession to the SADC Protocol on Extradition.
The objective of the SADC Protocol on Extradition is to reduce crime levels through the extradition of persons wanted for prosecution or the imposition or enforcement of a sentence in the requesting Member States.
Through the protocol, SADC member states agreed to ensure speedy response and cooperation in assisting the prevention of crime and eliminating threats to the security of members through mutual assistance on matters of extradition.
</blockquote>
The protocol provides a framework for the extradition of individuals who are accused or convicted of criminal offenses between SADC member states.
Under the protocol, SADC member states are required to cooperate with each other in the extradition of individuals who are wanted for prosecution or who have been convicted of a criminal offense in another member state.
The protocol sets out the procedures and requirements for extradition, including the documentation and evidence that must be provided, the grounds for refusal of extradition, and the rights of the individual who is subject to extradition.
Article 2 of the SADC Protocol on Extradition says:
<blockquote>
Each State Party agrees to extradite to the other, in accordance with the provisions of this Protocol and their respective domestic law, any person within its jurisdiction who is wanted for prosecution or the imposition or enforcement of a sentence in the Requesting State for an extraditable offence.
</blockquote>
Article 3 (1) which deals with extractible offences says:
<blockquote>
For the purpose of this Protocol, extraditable offence are offences that are punishable under the laws of both State Parties by imprisonment or other deprivation of liberty for a period of at least one year, or by a more severe penalty.
Where the request for extradition relates to a person wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty imposed for such an offence, extradition may be refused if a period of less than six months of such sentence remains to be served.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabwe Set To Ratify SADC Protocol On Extradition

The Zimbabwe Republic Police (ZRP) said that fugitive Gweru car dealer and murder suspect Peter Dube is expected in the country to stand trial, with extradition processes from Ireland now at an advanced stage.
ZRP spokesperson Assistant Commissioner Paul Nyathi on Tuesday told ZBC News that Police are working together with the National Prosecuting Authority and relevant stakeholders to ensure that Dube is brought home and face trial. He said:
<blockquote>
With regards to extraditing murder suspect Peter Dube from Ireland we can confirm that the processes are now at an advanced stage.
Peter Dube was being sought in connection to two murder cases that took place in Gweru in 2021, two of murder and two of attempted murder.
We are working together with the National Prosecuting Authority and relevant stakeholders to bring him back so that he can stand trial back home.
</blockquote>
Dube was arrested in Ireland by Gardaí (police force in the Republic of Ireland) after an <a href="https://www.pindula.co.zw/2023/05/14/interpol-red-notice-issued-for-gwerus-killer-car-dealer-who-fled-to-ireland/">Interpol Red Notice</a> was issued for his arrest and extradition to Zimbabwe.
Dube allegedly shot dead his second wife Nyasha Nharingo’s suspected lover Shelton Chinhango — also a car dealer and her best friend, Gamuchirai Mudungwe, in Gweru on 23 April 2021.
He also allegedly went on to shoot Nyasha and her sister Nyaradzo but the two siblings survived.
After committing the crimes, Dube allegedly skipped the country and started living in Eswatini under the alias Xolile Mtsali.
He then relocated to Ireland, where he sought asylum.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Gweru Fugitive Murder Suspect To Be Extradited From Ireland Soon - Police

The Zimbabwe Republic Police (ZRP) has confirmed Jaison Muvevi’s extradition from Mozambique.
Muvevi, a former policeman allegedly shot dead three people and critically injured another in Wedza on 13 January before his arrest in Mozambique on 16 January.
ZRP national spokesperson Assistant Commissioner Paul Nyathi on Tuesday evening said Muvevi had been successfully brought back to Zimbabwe. Said Nyathi:
<blockquote>
Reference is made to the ZRP press statement on the arrest of the murder suspect, Jaison Muvevi in Mozambique on 16/01/23.
The ZRP confirms that the suspect has been successfully repatriated from Mozambique and is now in Mutare.
</blockquote>
Nyathi said Muvevi was on his way to Harare ahead of his court appearance adding more details will be provided in due course.
Muvevi allegedly shot and killed Crispen Mubvana Kanerusine (62), a self-styled prophet who was operating from a Johanne Masowe shrine at Negombwe Village in Wedza.
He shot the elderly man at point-blank range right in front of his congregants after he allegedly gave him a prophecy he did not like.
Muvevi’s second victim was Wedza officer in charge Inspector Maxwell Hove (43) who was unarmed and sitting in the front passenger side of the police truck.
He shot the police officer three times, killing him instantly, before targetting Detective Constable Tendai Mugova who was armed with a CZ pistol and had taken cover under the police truck.
Police said Mugova was shot three times – on the left hip, stomach and right shoulder, but survived the shooting.
Muvevi then disarmed the police officers, took their guns and jumped into his vehicle and sped off towards Goto.
Muvevi’s third victim was a 20-year-old bartender, Munashe Mujanhi, who he shot and killed for unknown reasons.

Police Confirm Muvevi's Extradition From Mozambique

Zimbabwe and China have renewed their extradition treaty with effect from 23 December 2022.
This was announced by Zimbabwe’s Minister of Home Affairs and Cultural Heritage Kazembe Kazembe.
According to Statutory Instrument 214 of 2022, Extradition Treaty with the People’s Republic of China, 2022, gazetted on 23 December, Kazembe repealed the original gazetting but replaced it with the identical renewed version.
Zimbabwe and China first signed the treaty on 5 September 2018.
Under the treaty, each country undertakes to extradite to the other those found in its territory and wanted by the other country for trial on criminal charges for a crime common to both countries or to serve their sentence if they have already been tried.
Neither country, however, has to extradite its own nationals, but in that case, it undertakes to handle a prosecution under its own law.
Extradition has to be for something that is a crime in both countries and carries a jail term in both countries of at least one year.
However, both countries have to refuse extradition for political offences, but terrorism offences and the like defined under international conventions are not regarded as political.
Neither country is allowed to extradite if they have substantial grounds for believing that the resulting prosecution is on account of the person’s race, sex, religion, nationality or political opinions, of if they fear the trial may be influenced by those factors.
Pure military offences are not grounds for extradition.| <a href="https://www.herald.co.zw/zimbabwe-china-renew-extradition-treaty/">The Herald</a>

Zimbabwe, China Renew Extradition Treaty

The South African government has said they have now started a process to extradite self-proclaimed prophet Shepherd Bushiri and his wife from Malawi.
The Bushiris fled to Malawi last week in contravention of their bail conditions as they are not allowed to travel outside South Africa.
The South African government says they are going to extradite the Bushiris using the SADC extradition laws.
Below is the statement by the South African government:
<blockquote>Government is able to confirm that fugitives Mr Shepherd Bushiri and Ms Mary Bushiri did not leave South Africa aboard a flight on which President Lazarus Chakwera and his delegation travelled.
President Chakwera undertook a successful working visit to South Africa on Friday, 13 November 2020, during which South Africa and Malawi discussed a broad range of initiatives to strengthen relations between the governments and peoples of the two countries.
Following the visit, President Chakwera and his delegation departed from Waterkloof Air Force Base in Pretoria and stopped over at OR Tambo International Airport to collect an additional number of officials who had travelled to South Africa earlier to prepare for the working visit.
Department of Home Affairs immigration officials verified the identities of all passengers and Mr and Ms Bushiri were not on the flight.
When travellers are processed for departure, they are required to present themselves to an immigration officer who, among other checks, verifies that the passport belongs to the traveller.
To ensure that the two fugitives face justice, South Africa has initiated a process to secure their extradition from Malawi in terms of the Southern African Development Community (SADC) Protocol on Extradition and other legal instruments, to which Malawi is a signatory.
While this process is underway, law-enforcement agencies will continue investigations into this matter.</blockquote>

South Africa Says It Will Bring Bushiri Back To Face Justice

Self-exiled former ZANU PF politburo member Saviour Kasukuwere says he is more innocent than President Emmerson Mnangagwa and will resist extradition from his South African sanctuary.
Kasukuwere was responding to Mnangagwa’s threats on Saturday, to have the so-called G40 officials extradited from South Africa for prosecution.
Addressing a ZANU PF provincial coordinating meeting in Gweru on Saturday, Mnangagwa said the G40 functionaries, Kasukuwere and Walter Mzembi, had overstretched his patience. Responding to the threats, Kasukuwere said:
<blockquote>Unlike (former President Robert) Mugabe who spent the first three years of his reign trying to build the country’s education, health and economy, Mnangagwa is spending his first three years plotting arrests, abductions and killing of political opponents.
It (extradition) is going to be resisted, there are international laws that protect us. He has already convicted us before we even come and laws will protect us. We are even more innocent than Mnangagwa himself.</blockquote>
ZANU PF has accused its former officials who are now residing in South Africa of poisoning the minds of African National Congress (ANC) top officials into believing that there is a crisis in Zimbabwe.
Last week a high-powered ANC delegation was in Harare to meet ruling party officials and they discussed the challenges facing Zimbabwe and how they could be addressed.
<h4>More: <a href="https://www.newsday.co.zw/2020/09/g40-kingpins-scoff-at-extradition-threat/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

I'm More Innocent Than Mnangagwa Himself - Kasukuwere

Zimbabwe has requested Kenya to extradite former cabinet minister Professor Jonathan Moyo so that he can face trial on fraud and related charges involving the alleged diversion of US$244 575 from the Zimbabwe Manpower Development Fund (ZIMDEF).
Prof Moyo is believed to be living in Kenya with his wife, Beatrice Ambiyo, who is of Kenyan origin. He fled Zimbabwe fearing for his life during the November 2017 military coup.
He is jointly charged with four others — Godfrey Gandawa, Fredrick Mandizvidza, Shepherd Honzeri and Nicholas Mapute.
The Prosecutor General’s office this week wrote to Kenya, seeking mutual legal assistance to bring the former minister to face the Zimbabwean courts. The formal request read:
<blockquote>The matter requires urgent attention as the accused has a constitutional right to be prosecuted within a reasonable time whilst State witnesses who are available ought to testify before any supervening events curtail their adduction of evidence.
I therefore humbly request the competent authorities of the Republic of Kenya to treat this matter as urgent and give it a priority that the authorities’ circumstances permit.
The accused will not be prosecuted for any offence other than fraud, based only upon the facts stated in this request. This request is not being pursued by political reasons or any ulterior purpose. The Republic of Zimbabwe also undertakes to render assistance to the Republic of Kenya in any criminal matter.</blockquote>
Zimbabwe does not have an extradition agreement with Kenya but the Minister of Home Affairs can designate any country listed in the Extradition Order of 1990.
<h4>More: <a href="https://www.herald.co.zw/fugitive-moyo-faces-extradition/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

Zimbabwe Seeks Jonathan Moyo's Extradition From Kenya

The State is starting the extradition process on former Tourism and Hospitality Industry Minister Walter Mzembi, who is believed to be in South Africa.
The State wants to bring him to trial on charges of theft of trust property. The allegations against Mzembi, who is on an outstanding warrant of arrest, arose during the time he was a Cabinet minister. Harare regional magistrate Mr Hoseah Mujaya yesterday granted the State a longer remand period to May 7, following an application based on the extradition process. Prosecutor Brian Vito sought for the longer remand period, saying it will allow the State to start and finish the extradition process.
In January, Mzembi’s lawyer, Job Sikhala, claimed in court that his client was critically ill and unfit to stand trial. The case was deferred several times on grounds Mzembi was too sick to stand trial. Contrary to claims by Sikhala, Mzembi was recently caught on camera fit and jovial in a video believed to have been shot soon after claims of illness. This prompted the prosecution to successfully apply for a warrant of arrest. Mzembi is facing $1,6 million theft of trust property charges and another involving $184 336.
More: <a href="https://www.herald.co.zw/mzembi-faces-extradition/">Herald</a>

Walter Mzembi Faces Extradition

Following the threat to have him extradited to Zimbabwe, Professor Jonathan Moyo has responded that he’s not afraid of any effort to extradite him:
<blockquote>BRING IT ON. Extradition is a legal &amp; not diplomatic process. It would be great to tell the world via an impartial court why &amp; how I LAWFULLY fled Zim!</blockquote>
The Sunday Mail today carried an article titled “Noose tightens on corrupt officials …Govt to forfeit fugitives’ properties …Professor Moyo to be extradited “ in which the author said there are efforts by the government to have Moyo brought back to Zimbabwe to face corruption charges.
<blockquote>It is understood that Government is also mulling using diplomatic channels to extradite fugitive former Minister Professor Jonathan Moyo, who is believed to be holed up in Kenya.
He is wanted for a slew of corruption charges stemming from his alleged abuse of millions of dollars from the Zimbabwe Manpower Development Fund.</blockquote>
<h3>Related:</h3>
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2019/03/03/jonathan-moyo-faces-possible-rendition-to-zimbabwe-seizure-of-property/" rel="bookmark">Jonathan Moyo Faces Possible Rendition To Zimbabwe &amp; Seizure Of Property</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2019/02/20/jonathan-moyo-fears-losing-his-farm-to-govt/" rel="bookmark">Jonathan Moyo Fears Losing His Farm To Govt</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2019/02/11/mnangagwa-reading-from-his-gukurahundi-script-by-saying-rape-reports-were-stage-managed-jonathan-moyo/" rel="bookmark">Mnangagwa Reading From His Gukurahundi Script By Saying Rape Reports Were Stage-managed – Jonathan Moyo</a></li>
</ul>
More: <a href="https://www.sundaymail.co.zw/noose-tightens-on-corrupt-officials-govt-to-forfeit-fugitives-properties-professor-moyo-to-be-extradited">The Sunday Mail</a>

"Bring It On", Jonathan Moyo Responds To Extradition Threat From Government

The government is set to invoke the Money Laundering and Proceeds of Crime Amendment Act to seize properties of individuals who skip the country to avoid trial over corruption allegations.
This was revealed by the head of the Special Anti-Corruption Unit in the Office of the President and Cabinet (SACU) Tabani Mpofu. Said Mpofu:
<blockquote>We have accused persons who have absconded; we want to look at enforcing the bail conditions.
And where property has been pledged as part of the bail conditions, we will be engaging the necessary procedures to have the property forfeited by the State.
In addition, we will be looking at all available avenues open to us in terms of the law to proceed against accused persons who have wilfully absconded from the jurisdiction of our courts with the view to, where the law permits, forfeit all known property associated with those accused persons to this date.
Also, procedures have commenced using bilateral and multilateral relationships to have the accused persons brought to book.</blockquote>
Jonathan Moyo fled the country in November 2017 during the coup period after his house was reportedly shelled with sustained gunfire during “the Night of Long Knives”.
He has been living in exile ever since. Moyo faces charges of defrauding the Zimbabwe Manpower Development Fund (ZIMDEF) of over US$400 000 when he was the Minister for Higher and Tertiary Education.
<h4>More: <a href="https://www.sundaynews.co.zw/prof-moyo-to-be-extradited-government-to-forfeit-fugitivesproperties/">Sunday News</a></h4>

Jonathan Moyo Faces Possible Rendition To Zimbabwe & Seizure Of Property

President Emmerson Mnangagwa’s government has gazetted Statutory Instrument 199,  Extradition (Designated Country) United States of America Order 2018 treaty,  which will allow the smooth extradition of criminals between the two countries. Former president Robert Mugabe’s administration sat on the treaty which was signed in the late 1990s but did not comply with the requirements of the Extradition Act by incorporating the treaty into law. Commenting on the matter, Home Affairs and Cultural Heritage Minister Cain Mathema said,
<blockquote>For the purpose of this treaty, the following offences shall not be considered to be political offences; a murder or other willful crimes against the person of a Head of State of one of the contracting states, or of a member of the Head of State’s family;
An offence for which both contracting states have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for a decision as to prosecution. The executive authority of the requested State may refuse extradition for offences under military law which are not offences under ordinary criminal law…It is also tied to the Vienna Convention on Diplomatic Relations in that if a person has committed a crime and runs away, for example, from Zimbabwe to the US to seek asylum, that person can be brought back to face the law.</blockquote>
More: <a href="http://www.sundaymail.co.zw/zim-us-in-extradition-pact/" rel="noopener" target="_blank">Sunday Mail</a>

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