Bushiri wins bid to have South Africa accusers testify in Malawi court 

Magistrate Court in Lilongwe has ruled that Prophet  Shepherrd Bushiri’s South African accusers should come to Malawi to testify as part of authenticating their sworn affidavits.

Prophet Bushiri wiith his lawyer Wapona Kita.

Bushiri had asked the court to let his South African accusers appear before Malawi courts to be cross-examined by the defence.- The magistrate says, the law says, the court must receive evidence in the same way that a preliminary inquiry would.

In his ruling, magistrate Patrick Chirwa said that state argued that the court must interpret the law is wrong.

He said that the law as he reads it in section 9 of extradition act says the court must have same powers and jurisdiction as in a preliminary inquiry.

Chirwa noted that the court must rely on part 8 of the same section. He further said that he he agreed with defence that the state violated the law by not reading out charges, and not interviewing witnesses for evidence.

He also said the state cannot rely on statements taken by other people in some other places, adding that the law allows the accused people should be allowed to interview witnessed.

Magistrate further  added that the Bushiri’s have a right to question all witnesses and that the state must allow the Bushiri’s the right to question witnesses.

He then ruled that witnesses must be present in Malawi and sign under oath in Malawi

“The court says witnesses must be present in court in Malawi so as to satisfy the rights of the Bushiri’s,” he said.

The matter has since been adjourned to April 19.

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nonsense
nonsense
2 years ago

we will appeal

Opportunist
Opportunist
2 years ago

Let the battle now begin

Ernest Nyirenda
Ernest Nyirenda
2 years ago

Now my prophet can face a fair trial.

madongorere
madongorere
2 years ago

I thought Malawians were just going to be pushed over into submission. I must confess Im amazed, as a Zimbabwean and fellow African I now have new found respect for the Malawian Judicial system and its citizens.

Ndafera Nkhande
Ndafera Nkhande
2 years ago

The accused wanted the magistrate to recuse himself in this case which could have been suicidal. God looks at a man from inside the heart not as we do. Therefore let the matsotsi gangs come and face our competent judges.No court capture in Malawi. Nada

manzy kalepa
manzy kalepa
2 years ago

Yes, now it’s a free kick to south Africa, you’ll hear them answering from parliament, you guys this is a court game, it comes with sections, deep down your heads into your court books not making noise from any corner.

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  manzy kalepa

Just like you have an opinion South Africans be it they are in parliament or not they also have an opinion.

I have read lots of articles about Malawi famous people, church leaders making statements public yet you didn’t come out with “well thoughout arguments” like the one you penned.

Don’t worry our NPA together with relevant authorities am sure will respond accordingly and I hope they oblige to the Malawi court judgement.

guest
guest
2 years ago

You better come and give evidence in court under oath…in Malawi we believe in rule of law not that garbage in RSA…Come and we battle it out in court thats when you will have a real test and you will surely sweat in court with questions from lawyers….

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  guest

I’m not going to stoop down to your level. Debating with dignity is all I’m about.

Gumede
Gumede
2 years ago

This ruling appears very much fair to me. It makes absolute sense. The Malawi Judiciary amazes me. On top of their game!!!

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Gumede

I support any court judgement regardless of where it is taken however I question why it us important for the court to protect the rights of the alleged perpetrators and doesn’t seem to take into account the rights of the alleged victims? I base my statement on the last paragraph of the article.

And we wonder why rape is prevalent in our continent and why women are afraid to come out for fear of scrutiny and being blamed.

Now it is clear they’ll have to relive their torture twice, once in Malawi and once in RSA.

guest
guest
2 years ago

just come and sweat in court room..giving evidence under oath aint a joke, u will regret

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  guest

Did you read what I posted with understanding or you just went off without any sort of understanding as your views seem to be clouded by the nationalism agenda you are on e.g. a Malawian vs a South African? Didn’t I say I support and respect any court judgement be it in Malawi or RSA? Check yes. Now think rationally on what I’m saying, parading alleged rape victims twice in Malawi courts and RSA courts is additional trauma to the victims and makes those who want to come out in the future to not even report these acts. Giving evidence… Read more »

Hassan abbubar karim
2 years ago

So what do you think then?

Law Abiding SAn
Law Abiding SAn
2 years ago

Here’s my thinking, if the Malawi courts want the accusers to come to Malawi, they must be protected and made to testify under controlled environments e.g. on camera but still in Malawi to satisfy the Malawi laws. This type of environment makes them not to feel like they are made to relive their bad experiences. Have you been to court to hear how humiliating the type of questions rape victims get asked e.g. how did he penetrate you etc. The intention is to break them as witnesses. This type of setup seems to be working even for minor victims of… Read more »

ponda
ponda
2 years ago

he is still innocent till proven guity by court of law,

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  ponda

Reading with comprehension is a skill. Tell me what does alleged mean to you? Doesn’t it have the same meaning as what you posted?

Conman on the Run.
Conman on the Run.
2 years ago
Reply to  ponda

The Man is a Criminal on the Run, He was smuggled across the Boarder without a Passport after Robbing the Elderly of their Pension Money in a Fake Investment Scheme.How could he dictates Terms of the proceedings without being insane. .

Bentby
2 years ago

Lets teach them true justice, they thought they will send him to jail with their fake witnesses and white cuptured courts. Black South Africans are always undermined by whites monopoly in their mother land. They are sleeping in tin houses while whites sleep in estates houses, they can’t even watch their national football game while whites are watching in paid channels, even for a black man to access loan from a bank is an uphill…..

Patso
Patso
2 years ago
Reply to  Bentby

Bushiri stole from blacks, no white man has laid a charge against him. the majority of white people live in relative comfort in almost every country in Africa, Malawi included. You seem to have a gripe with them. The average SA black person has no intent to step out of their country to seek “greener pastures” as is the case with a lot of their counterparts in the rest of the continent. I have a feeling that you could be writing from SA or some white-run country. According to documents from the BRCSA (broadcast research council of sa) the majority… Read more »

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Patso

Bravo Patso bravo. There won’t be a come back to counter your facts but you’d e called names like a creature, viper etc.

If he has a gripe with white people he should ask what role Malawi played proping up the apartheid regime. He thinks we have forgotten.

Hate it or take it but it's a fact

So u wanted to use Malawi on your own battle? Either forgot it or not it’s none of our business,. We have South Africas here in Malawi as well, working in Game Shop, Shoprite, mines and etc so don’t talk cheat.

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Bentby

Inferiority complex hssyou big time. The useless magistrate that gave the fugitives bail is shag colour again? Please describe what white monopoly is? I’m not going go say there aren’t black people leaving in poor conditions yes there are however there are more black middle class in estates than white people check StatsSA figures. Have you seen how DSTV is prevalent in the him houses houses you ridicul? Getting a loan is an uphill for anyone try going to get a loan in your perfect Makawi and see how easy it will be. Banks do what we call checks to… Read more »

Palivi
Palivi
2 years ago
Reply to  Bentby

You just have an inferiority complex. White this white that ndekuti chani

FORGIVE THEM
FORGIVE THEM
2 years ago
Reply to  Bentby

I bet it’ll take years or not take place at all for these fake witnesses to come to malawi, they’ll not come, in malawi where justice lives, they’ll be ashamed if they come here, no brains at all, only corrupted minds, # vipers

Last edited 2 years ago by FORGIVE THEM
Moses
Moses
2 years ago
Reply to  Bentby

Liar, liar, even in Malawi you have people staying in chinsapo (ma plot) while others are staying in area 43 (mansions).
Your argument is irrelevant here.

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Moses

No don’t burst his bubble please he’ll go on a tailspin now.

Based on his statement I was of the view that all Malawians live in nice posh houses, it is us in South Africa that are faced with a problem of our own living in poor conditions.

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Bentby

If I were I wouldn’t even be using terms like “white monopoly” with the history of Malawi supporting apartheid, go figure.

Gopher Sichali
Gopher Sichali
2 years ago

People of God, these arguments are not very important now cuz the case is still on going. We all know that courts use the law and not feelings

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Gopher Sichali

Am I the one who introduced feelings into the argument without facts or it was your fellow citizen assuming that you are?

Please note I don’t argue but debate and I think I try to be civil. I expect the same courtesy.

Kadugure
Kadugure
2 years ago

Malawi has qualified for Africa Cup of Nations.

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  Kadugure

Well done. All the best. We didn’t make it cause these guys don’t have the drive anymore they get paid big money and no longer have that drive to go overseas and shine.

Hate it or take it but it's a fact

Whether u want to debate or not but your argument sounds to be irrelevant to some of us , you are just good on making noise here , just back off from this platform. Xenophobia people like you.

Law Abiding SAn
Law Abiding SAn
2 years ago

You are the one being irrelevant and not engaging on the matter at hand but bringing your feelings. Look continue doing that and see if I care.

I’ll engage anyone that wants to engage with me not unless this it your platform and you own it. In that case you can block me.

Point out one thing that I, I mean I have done for you to say am xenophobic?

Hate it or take it but it's a fact

That’s why u are killing Malawians Coz they supported Apartheid regime? Then forget about Bushiri coz now we have reason to believe what Bushiri is saying to be true, u confess it yourself, u hate Malawians bcoz they supported Apartheid. Then Bushiri is home, he wont come again to your murderers country

Law Abiding SAn
Law Abiding SAn
2 years ago

When did I kill any Malawian? I’m talking about me as an individual. Where did I say I hate Malawians? I merely stated a fact which happened and you can’t dispute it. Look you can keep Bushiri he is home there after deal with the consequences of IMF, Fitch etc. You clearly don’t see the connection but when it happens you will know. H.E. President Chakwera said something about the IMF the other day ask yourself how this potential Bushiri issue could have impact on things financially indirectly not now but in the future. In all your writing you seem… Read more »

APM
APM
2 years ago

Your writings are not necessary. Those are rubbish. Let the courts do what they know to the best.

Law Abiding SAn
Law Abiding SAn
2 years ago
Reply to  APM

When someone accuses me of hating other people it is ok in your world but when I defend myself it is rubbish laughable logic.

Get over yourself and learn how the world’s economy works before exposing yourself.

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