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.
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.
Kodi bwanji nkhaniyi tikambira mu ma court akwathu kuno popeza concern yaikulu njoti Hawks investigators and politicians are compromised?
This Bushiris case will last for more than 20years to come , ask me why ? But for today am done .
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 want to hear about it but kill is their last resolution. The couple will not have any FAIR TRIAL because the South African Judiciary is already in contact with politicians and Hawks. What many people in Malawi do not know is that South Africans push ahead of their own Judiciary than Malawi and other weaker side of matter. Jumping the bail is just a scape – goat. The Hawks want to defend their case reported to many organizations by Bushiri.The second reason is that Hawks and others have been KUKOLORA PASANALIMIDWE and for Bushiri and Mary had to pay them huge sums of money KUGULA NJIRA FOR SETTLEMENT which all have been foiled of late hence South Africans are pushing the victims to prison.I have been in South Africa for some time and know the South African better. Attended their weddings both in town and the village, funeral and married a woman from Kwazulu Natal with four Children so I know them well. Malawi
let us be very careful to sentence someone. Akuti Judiciary ya ku Malawi did not go to real school of law and we are dull.
Everyone will die anyway
It is very difficult to understand what you are saying.
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 Jail, and no one will kill him.
Your crooked Prophet has been bribing ordinary police to conceal rape charges laid against by numerous young girls he raped in various hotels around Pretoria. And thats another 15 Years before parole consideration.
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.
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.
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 just concluded that bushiri is a criminal without getting his side of story. I always salute malawian media, even though we are developing nation, but our media is far much viable. always before you publish a story, you interview all sides and lets the malawians themselves know who is a saint and who is a culprit. in south africa you will hear media calling someone like ” a controversial pastor, a controversial prophet” as if they are God’s angels. shame on mzansi media
I agree with you
Olo akaphedwe ife tili nazo ntchitooo?
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 found not guilty and he cleared his name and went back to England and Bushiri can do the same if he is clean so stop misleading people with your false knowledge of South African laws
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.
Bushiri wa kwiba. Nkhungu abwerere kumene amaba ndalama za anthu. We should not accept thieves back.
Ndikungomvapo volumnus, jurisdiction…. chani chani uko high court, civil case kaya criminal chani kaya. kodi mukuti chani guys
Vizungu va ku khoti eishhh. nyekhwe
iiiiiii kuzunzana basi, osangolemba zomveka kuti izi zitenga nthawi, basi
Kkkkk I just like this @ Nyoloka . This so called lawyers use language that u can’t understand kkkkk very pathetic .