The Lilongwe Chief Resident Magistrate Court has adjourned to July 11, 2022 an extradition case involving “fugitive” Prophet Shepherd Bushiri and his wife, Mary.
The Busihris are wanted in South Africa where they bolted bail while answering fraud, racketeering and money laundering charges.
The chief resident magistrate, Madalitso Chimwaza adjourned the case today when the two appeared before the court.
The Bushiris attended court in person in their bid for freedom where the State applied to have witnesses record their evidence in South Africa citing logistical challenges as the reason.
But defense objected to this saying the issues being raised were already dealt with by the Court through its ruling of 8th June 2021.
Chief Resident Magistrate Chimwaza has now given both parties 7 days to file their final submissions on the objections before setting 11 July, 2022 as a day she will deliver a ruling on preliminary objections raised on State’s application.
Speaking to the press, Wapona Kita said they want the witnesses to come to Malawi to testify.
But Dr Steve Kayuni, Director of Public Prosecutions has said they want the High Court to determine on the matter.
In the application filed by Kayuni on behalf of the South African government, the State argues that witnesses should record their evidence in South African courts because of logistical challenges, arguing that it is expensive to bring and accommodate a huge number of witnesses in Malawi.
However, Kita is challenging the application on the basis that the issue was already dealt with by the same court in its ruling on June 8, 2021 in which it decided that the reasons were not convincing enough.
He said: “The court already pronounced itself on the matter and it cannot go back to change its mind on the issue. Except where there are compelling reasons. But the State is only repeating the application and not presenting compelling reasons.”
The South African government want the Bushiris who became fugitives when the bolted bail and “mysteriously” arrived in Malawi after claiming threats to their lives and unfair trial.Follow and Subscribe Nyasa TV :