Judge says Bushiri case has ‘number of substantive issues to be clarified’, pushes to Dec 14 after objections from lawyers

The High Court in Lilongwe has adjourned a case the State is appealing against  Magistrate court ruling for unconditional release of  Prophet Shepherd Bushiri and his wife Mary to the 14th of December 2020 to hear the preliminary objections raised by their lawyers, Wapona Kita and Gift Katundu.

Prophet Bushiri: Court to hear preliminary objections

The lawyers are challenging the jurisdiction of the court to sit and hear the application of the state for criminal review when extradition proceedings are civil proceedings.

The State led by lawyer Pilirani Masanjala and Steven Kayuni challenged the unconditional release of the Bushiri’s who were freed by Magistrate  court in Lilongwe on the 19th of November 2020, where the Principal Resident  Magistrate Viva Nyimba ruled that the two were arrested illegally after they jumped bail in South Africa.

Bushiri’s lawyer, Kira told Nyasa Times: “We have raised  preliminary objections to  do with the jurisdiction of the court to hear criminal review of what we consider as a civil matter.”

Justice Mwale observed that from the submissions of the State and defence , it is clear that “there are a number of substantive issues that need to be clarified.”

Mwale said if the issue of jurisdiction in successfully challenged, then the proceedings cannot continue in the High Court.

“Substantively, I cannot ignore the challenge of this court’s jurisdiction, however procedurally, whether I must entertain this objection right at this instance is a question I must determine,” said Justice Mwale.

The judge, who presided over the session through the  video link on internent portal of Zoom, argued that the higher court has jurisdiction to supervise the lower court, be it on criminal or civil cases.

She claimed that the Criminal procedure and Evidence Court (CP&EC) as well as the Courts Act as the basis on which the higher court can supervise the lower court.

However, the judge faulted the defence team for serving the State lawyers with documents only 24 hours before the commencement of hearing, describing the move as an ambush.

She said in the interest of justice, the State should be given “sufficient time” to respond to Bushiri’s legal team preliminary objections.

“Considering the voluminous nature of the documentation supporting the preliminary objection, in my considered view, 7 days would be sufficient . This time period shall also enable the other party to fully appraise itself with the record,” she said .

The judge adjourned the matter to December 14 2020.

Bushiri of the Enlightened Christian Gathering (ECG) Church, a prophet known for his “miracles” and wildly extravagant lifestyle, was granted bail in South Africa where he has been a resident , in a case of alleged fraud and money laundering. He is co-accused along with his wife, Mary.

And following his exit to his native country, Malawi, in breach of strict bail conditions, South Africa has since issued an arrest warrant for them and initiated a process to extradite them from Malawi.

But Bushiri is determined to put a fight against his extradition as he claims had fled South Africa as he feared for his life and that he would not get a fair trial.

Follow and Subscribe Nyasa TV :
5 1 vote
Article Rating

Sharing is caring!

Follow us in Twitter
18 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Mnzungu
1 month ago

Kodi bwanji nkhaniyi tikambira mu ma court akwathu kuno popeza concern yaikulu njoti Hawks investigators and politicians are compromised?

Mr Truth Pains
1 month ago

This Bushiris case will last for more than 20years to come , ask me why ? But for today am done .

PhD, Jerusalem University
PhD, Jerusalem University
1 month ago

My only advice is that South African people are very cruel and once Bushiri and Mary are extradited you will never see them again.They will be killed instantly. If one follows the SADC resolution which Malawi is affiliated to, it never mention that when one is suing the other party or people the accused should not be held. South Africa is another country which does not follow the rules of the law signed at SADC. Bushiri and his wife Mary jumped the bail which is true but with evident reasons for that matter which the other court do not even… Read more »

Yao king
Yao king
1 month ago

Everyone will die anyway

Maseko
Maseko
1 month ago

It is very difficult to understand what you are saying.

The other Bushiri
The other Bushiri
1 month ago

Bullshit you wrote here. The Hawks are investigative arm of the Police. The Judiciary is the Courts. The Hawks investigate, Prosecutors (NPA) look at the Merits of the Case and if the case from the Hawks is strong they issue warrant of Arrest. the Judiciary is a final arbitrator. If a person absconds bail, the Hawks must investigate, and Politicians (Home Affairs & Judiciary) must account. There are many Poor families who were robbed blind by your Crooked Prophet, and their daily tears will be heard one day. And your Thief will face justice and spend minimum 15 Years in… Read more »

Kashma
Kashma
1 month ago

Even the Judge will at the end of the case bring up his/her submission and may be this is why the writer included marriage etc in the summary.

Pewani
Pewani
1 month ago

Dude based on what you have just stated here, it’s clearly you have no clue of what what is going with this fake prophet.

FIRE MABOMBA
1 month ago

you are right my bro, south africa judiciary is politically captured, once some ANC think tanks says, you are a criminal, the entire media, judges, and CSOs will rebel you a criminal. even before hearing your side of story. there is omatoso, a nigerian pastor, they all concluded that he is a criminal before a judge passed a judgement. no any journalist has ever interviewed him for the world to hear his side of story. even bushiri, since 2018 when the hawks arrested him, no any journarist has ever made a date to hear his side of event. they all… Read more »

Kashma
Kashma
1 month ago
Reply to  FIRE MABOMBA

I agree with you

Chatsika
Chatsika
1 month ago

Olo akaphedwe ife tili nazo ntchitooo?

Eddy
1 month ago

Bushiri is wanted in SA for fraud and money laundering, and all these stories about you attending funeral, weddings and your marriage to a kzn woman are nothing but a bunch of crap, Bushiri and his wife have been living happily in SA sending money and buying properties and where loved by their followers and you ddnt complain about it, now that hes a wanted man you now start talking about South Africans wanting to kill them, dude are you for real? SA is not a banana republic my friend, Shren Dewani was extradited and for murder and he was… Read more »

Law Abiding SAn
Law Abiding SAn
1 month ago

Have you asked yourself why the same courts that you claim have been captured by politicians gave these two fugitives bail? Apply a bit of logic to your narrative.

Alamu Pumani Mwakalamba

Bushiri wa kwiba. Nkhungu abwerere kumene amaba ndalama za anthu. We should not accept thieves back.

Nyoloka
Nyoloka
1 month ago

Ndikungomvapo volumnus, jurisdiction…. chani chani uko high court, civil case kaya criminal chani kaya. kodi mukuti chani guys

gaswonga
gaswonga
1 month ago
Reply to  Nyoloka

Vizungu va ku khoti eishhh. nyekhwe

Nyoloka
Nyoloka
1 month ago
Reply to  gaswonga

iiiiiii kuzunzana basi, osangolemba zomveka kuti izi zitenga nthawi, basi

Hate it or take it but it's a fact
Reply to  Nyoloka

Kkkkk I just like this @ Nyoloka . This so called lawyers use language that u can’t understand kkkkk very pathetic .

shares
Read previous post:
University professor Kishindo, ex cabinet minister die

A professor with the University of Malawi,  Paul Kishindo, has died. Kishindo taught sociology at Chancellor College. Francis Matchado from...

Close