Johannesburg - The sequestration of controversial fugitive and self-proclaimed prophet Shepherd Bushiri has been confirmed after failing to pay Zimbabwean businessman and politician Joseph Makamba Busha’s company more than R203 million.
On Friday, South Gauteng High Court Judge Motsamai Makume confirmed Bushiri’s provisional sequestration granted in November 2020.
”The estate of Shepherd Huxley Bushiri is placed in the hands of the trustees for administration,” reads the 15-page judgment.
Judge Makume also ordered that the costs of the JM Busha Investment Group’s application to be the costs in Bushiri’s sequestration.
Bushiri and his wife Mary were supposed to pay JM Busha Investment Group R100m before April 20, 2020 and another R103.5m before May 10 the same year as well as costs of the company’s application.
However, the couple failed to do so, forcing JM Busha Investment Group to write to the Bushiris’ lawyers threatening attachment and execution in terms of the order.
The Bushiris also failed in an urgent application to prevent the execution while another to rescind the attachment and execution of their assets was also unsuccessful.
The dispute emanates from Shepherd Bushiri Investments entering into a loan agreement with the JM Busha Investment Group in 2017 to be lent R200m, which was to renovate the Enlightened Christian Gathering Church head’s luxury Sparkling Waters Hotel and Spa in Rustenburg in the North West.
After the couple’s arrest for fraud and money laundering in October 2020 and their release on bail, Busha called Bushiri to enquire about the non-payment and the Malawian pastor promised to make payment in full within a week.
Before the end of that week, the Bushiris fled the country back to Malawi and the South African government is busy with the extradition process.
Bushiri and his wife maintained that the high court had no jurisdiction to hear the matter as they had permanently left the country with no intention to return and were not South African residents when the proceedings were initiated.
The JM Busha Investment Group accused the Bushiris of leaving South Africa with the sole intent of evading to pay his creditors including the company.
In court, Bushiri claimed he had been planning to relocate to Malawi since 2018 due to fear of his life and his family’s safety.
But Judge Makume dismissed his argument and found that he did not give details of the acts of violence perpetrated against or when or by whom they were made.
”One would have expected that Bushiri being a prominent figure within the religious sector in Gauteng to have reported such incidents of intimidation and threats to the authorities (but) he has failed to do so,” the judge ruled.
Judge Makume said Bushiri failed to divulge any information regarding the true state of his financial affairs as the law requires.
”There are no facts to support his claim to solvency. He has placed nothing before this court to prove that he is solvent. It is therefore safe to conclude that he is insolvent and left the country with the sole purpose to evade his creditors. He has no intention to return to the country voluntarily as he is a fugitive from justice,” the judge explained.
Judge Makume said he was persuaded that Bushiri was insolvent and that it will be to the advantage of his creditors that his estate be administered by trustees.