SA court orders ‘Nyokayemabhunu’ extradition despite persecution fears

JOHANNESBURG, South Africa – A South African court has cleared the way for the extradition of Zimbabwean political activist Wellington Masiwa, widely known as Nyokayemabhunu, rejecting his arguments that he risks persecution if returned home.

The ruling marks a major legal setback for Masiwa, one of Zimbabwe’s most prominent anti-government online activists whose broadcasts attracted more than 200,000 followers during political tensions sparked by the late outspoken war veteran Blessed Geza’s campaign urging President Emmerson Mnangagwa to resign.

The Randburg Magistrate’s Court ruled that Masiwa can be surrendered to Zimbabwe to answer a sentence arising from a fraud conviction, saying the offence qualifies for extradition under both South African and Zimbabwean law.

“The Respondent is liable to be surrendered to Zimbabwe,” the court ruled.

Masiwa argued that the extradition request was politically motivated, telling the court he fled Zimbabwe after the 2017 military takeover because of his political views.

He said he became a target because of his criticism of the ruling Zanu PF party and feared he would be killed if returned.

Court papers show he relied on newspaper reports alleging he had been declared “an enemy of the Zimbabwean state”, that senior ruling party figures celebrated his arrest in South Africa, and that he faced possible terrorism-related charges.

Masiwa also claimed he was on a “hit list”, that colleagues in South Africa were being followed, and that he feared being “poisoned and killed” if extradited.

He further told the court he was so fearful that he did not return to Zimbabwe after his first wife died following what he alleged was an assault intended to warn him.

However, the magistrate ruled that those allegations could not be determined during extradition proceedings.

“It is clear… that this court cannot make a finding on the respondent’s evidence regarding his persecution in his home country or if he will have a fair trial,” the judgment said.

Instead, the court said those issues must be considered later by South Africa’s Minister of Justice when deciding whether to authorise his surrender.

Zimbabwe’s extradition request stems from a fraud conviction in which Masiwa pleaded guilty before leaving the country. He received a wholly suspended 24-month prison sentence on condition that he did not commit another dishonesty offence and paid US$3,660 in restitution.

Zimbabwean authorities allege he breached those conditions and requested his extradition through diplomatic channels under the SADC Extradition Protocol.

The magistrate found that fraud is recognised as a criminal offence in both countries and ruled that all legal requirements for extradition had been met.

“There is sufficient evidence against the Respondent which warrants his prosecution in Zimbabwe,” the court said.

The court ordered Masiwa to remain in custody pending the justice minister’s decision. He has 15 days to appeal the ruling in South Africa’s High Court.