Malawian businessman Misozi Chanthunya, who fled to South Africa after his Zimbabwean girlfriend Linda Gasa was found brutally murdered, has launched yet another court action in his six-year campaign to stave off extradition to Malawi, as he now seeks to be released on bail and that the High Court in Malawi should discharge him.
He is currently held at the Kgosi Mampuru Prison in Pretoria.
At issue is the August 2010 murder of his pregnant girlfriend, Linda Gasa, which Nyasa Times exclusively exposed.
Gasa was last seen in Chanthunya’s company, according to the 2012 judgment in his extradition case. Law enforces officials found her buried under the freshly cemented floor of Chanthunya’s private cottage in Monkey Bay, Mangochi.
Within days of the grisly discovery, he fled to South Africa. He was located by Interpol in January 2012.
Meanwhile, Chanthunya’s lawyer Donvan Sulungwe has applied to Lilongwe High Court before Judge Esmie Chombo to release the murder suspect on bail.
State Advocate Steven Kayuni said they will challenge the bail application, saying those who seek equity should come with “clean hands”, accusing Chanthunya of delaying process of his extradition.
After the Malawian government applied for his extradition in 2012, he was found to be extraditable by the Rustenburg Magistrate’s Court.
Chanthunya challenged the ruling in the North West High Court, arguing that capital punishment remains on the Malawian statute book.
South African law prohibits the extradition of murder suspects to countries that allow capital punishment, unless their governments give an undertaking that it will not be applied.
Malawi has not judicially executed anyone since independence in 1994.