Bushiri case pushed to June 4: High Court to determine its legality

Magistrate Patrick Chirwa has adjourned a case involving Prophet Shepherd Bushiri and wife, Mary, to June 4, 2021 to pave way for the Bushiris to seek judicial review of the case before the High Court.

In his earlier ruling, Magistrate Chirwa dismissed Bushiri’s request to have his case dismissed and, also, to have the matter referred to the Chief Justice for certification as a Constitutional matter. 

He says whilst the SADC Protocol cannot be used in Malawi, South Africa was designated under a bilateral act in 1974 as a “processable” destination for extradition. As such, the matter will not be referred to the Constitutional Act again.

Bushiris at court

Going forward, the magistrate directed that the case should still continue, even if the SADC protocol is invalid in Malawi. 

However, the defence, through lawyer Wapona Kita, opposed Chirwa’s ruling and asked for a stay on the matter until the High Court reviews the legality of the entire process. 

Director of Public Prosecution (DPP) Steve Kayuni was cautioned by the Magistrate against his series of personal attacks against Kita.

Wapona Kita defending the Bushiris

Kayuni, lead state prosecutor in the extradition case, has always been going overboard personally attacking Kita who raised a concern before Magistrate Chirwa with regards to Kayuni’s conduct.

“I am here to represent a client. I don’t find it noble for the DPP to keep personal attacks against me. It doesn’t speak well of his character,” he said. 

In the heat of the arguments, Kayuni had, in several court session, called Kita several unpalatable names that borders on slur and vulgar.

In response, Kayuni admitted his mistakes and apologised to Kita.

However, commentators are questioning as to why the top state persecutor would be losing his cool in court and peddling personal attacks against a defence lawyer who is doing his job.

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Lee Van Cleef
Lee Van Cleef
1 year ago

Drag this man and his wife back to Pretoria.
Why waste time?

The fact that both do not disclose how they entered Malawi, shows that they are professional gangsters and cheats. On top of skipping bail in South Africa, they should also be charged with immigration offences in Malawi.

1 year ago
Reply to  Lee Van Cleef

He is being shielded in Malawi from someone at the top
How did he obtain a diplomatic passport we never heard about that and how did he escape from RSA with whose help ???? Why is he still here not extradited keep coming with all sorts of excuses
Guess we will never who is behind at this

1 year ago

God is in control and the final Judge. My Prophet My Spiritual Father My family and I are with you always NO MATTER WHAT SHALL BE THE COURT OUTCOME. Praying for fair trials an justice at the end of the process.

1 year ago

Delaying tactics how many times more ? Why harbouring this fugitive , send him back to face the music
Why mess up a relationship with a country because of 1 criminal

Ernest Nyirenda
Ernest Nyirenda
1 year ago


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