If South Africa Agrees the Magistrate Made Errors, Why Should the Judgment Stand? Bushiri’s Lawyers Demand Justice

If the South African government itself admits the magistrate made errors in the ruling that approved Prophet Shepherd Bushiri and his wife Mary’s extradition, then why should that judgment be allowed to stand? That’s the burning question raised by the Bushiris’ legal team in a fiery session at the High Court in Lilongwe today.

Lead lawyer Wapona Kita tore into the ruling by the Chief Resident Magistrate’s Court, calling it deeply flawed and unfit to support such a serious decision.

“Even the State [South Africa government] is pointing out mistakes made by the magistrate—so why defend a broken ruling?” Kita argued. “It’s not justice if everyone sees the cracks and still pretends the structure is sound.”

The defense is asking the High Court to review and overturn the judgment, listing 15 strong reasons why the ruling is both legally and procedurally wrong. One major issue, according to Kita, is that the magistrate did not properly explain his reasoning on key matters raised by the Bushiris.

To make matters worse, the State did not file a proper application to review the ruling but still tried to introduce fresh arguments—something Kita called unacceptable and unfair.

“You can’t have it both ways,” he said. “You can’t say the court made mistakes and then act like the judgment is still good enough to rely on.”

The Bushiris are facing charges in South Africa, but they insist they are victims of a politically charged witch-hunt, not a fair legal process. They say they came to Malawi for safety and justice, not to run away from accountability.

The High Court has given both sides until July 25 to submit final arguments, with a ruling expected within 60 days.

But one thing is clear: if even the State sees the errors, then continuing with the ruling is not just wrong—it’s dangerous for justice.

 

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