Magistrate Chirwa  refuses to recuse himself in Bushiri extradition case, says won’t be biased

Magistrate Patrick Chirwa has refused to recuse himself from the case in which South African government wants Prophet Bushiri and wife, Mary, be extradited back to South Africa.

Bushiri and his wife at the court: Application for magistrate’s recusal dismissed

Bushiri’s lawyer, Wapona Kita, raised two  arguments explaining why magistrate Chirwa should recuse himslef.

Kita said Bushiri and wife first appeared on 19 November 2020, and matter assigned to Viva Nyimba and a ruling was given that they be unconditionally released and they appear for extradition hearing via summons.

He  noted that the state approached the High Court for review, asking that they be remanded in prison. On objection, the state withdrew their application for review.

“Then the state approached court on 5th of January 2021 and another warrant of arrest was issued. They appeared in court on the 6th and an agreement reached between the state & defence that a warrant be issued but in accordance with earlier ruling – a warrant would then be issued but not executed,” he said.

Kita further said the warrant states that, “it was agreed that they should be summoned” but however the 19th of February another warrant of arrest was issued, going against the previous two orders and warrants.

“When the state approached the court on the 19th, the current magistrate was not seized with the matter. Another magistrate was.

“There are already two standing orders, by a magistrate of the same rank. This new warrant of arrest has an effect of reversing decisions made by another magistrate in the same court. There is no law or precedence that allows this to happen,” he said.

Bushiri’s lawyer further argued that the State requested that “to maintain diplomatic ties with South Africa” the case was to be moved from Viva Nyimba to another magistrate. He adds that the defence was neither copied nor alerted of this.

“Conceding to such a move upon hearing one side of the story and issuing a warrant of arrest which goes against two earlier decisions goes against principles of impartiality and gives rise to suspicions of bias,” he said.

He noted that the warrant of arrest was issued illegally against earlier decisions.

“The court transferred the matter at the request of the state without following procedure and for reasons which are not impartial. For these reasons there is a likelihood of bias,” he said.

Kita, then, argues that he is not asking that the case be transferred back to Magistrate Nyimba but that the case go back to its position before the State transferred the case irregularily.

The State, on the other hand, has argued Kita’s argument are based on perceptions and perceptions will always remain like that.

He has since asked for the recusal to be dismissed. The application are only desperate attempts.

In his ruling, Chirwa said arguments raised by Kita are pertinent but not enough to raise suspicion of bias.

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Ndadabwa
Ndadabwa
4 months ago

I have understood the story better by reading the comments below than the article itself above

ImHotep
ImHotep
4 months ago

Eubert Mudzanire is the accused number 1 in the downfall of Bushiri, he is the one who led the illicit. He pushed and still playing mind games with Bushiri and his followers. The man is confusing ill-gotten material worthy with richness. He is deceitful, a thief and a cone man who robs holding the bible. Bushiri, catch a workup young boy, your enemies are your closest friends like Eubert Angel Mudaznire. The man is a joke.

ImHotep
ImHotep
4 months ago

I have a feeling that the two countries are geared towards setting a warning to all spiritual and Religious offenders. Nizonya

ImHotep
ImHotep
4 months ago

Bushiri’s lawyer is making things worse for Bushiri, not the Malawan Magistrate Patrick Chirwa is being disrespected by the duo. uzokunyisa u Patrick Bushiri, kuqede emzansi bazokuthela remind that will last years like your fellow cartel Omotoso. Bushiri is deceived by a liar and the false prophet Eubert Mudranire, the guy makes me sick. He appeared on youtube saying Africa will arrest those whore rich but can’t arrest crime. The idiot is contradicting himself.

Cesspool Bushiri
Cesspool Bushiri
4 months ago
Reply to  ImHotep

Why Mr. ProFIT.
Go answer for ur pills in SA

Anzanufe
Anzanufe
4 months ago

Akulu palibe chifukwa chokakamila apa. Onetsani kuzichepetsa!

CEO Self-Employed.
CEO Self-Employed.
4 months ago

My problem is the justice department where you apply to the same person to make a determination about himself. it doesnt make sense. Guys reading about law; please review this. In normal circumstances you apply to the senior to remove the lower. help us.

Ginimbi, the illuminate, the likes of Bushiri

Proverbs 28:1-“The wicked flee when no one pursues, But the righteous are bold as a lion” every verse in the bible is against this young thief and a false preacher/foreteller, no matter how much this young conman will resist and lie to the public, The Mighty God is still exposing this young bandit, his downfall to hell is nigh! a young thug! The worse scenario is when he used the name of God to seduce young girls from his church @ MPC premises to sleep with him and there was a time when a number of them(girls) started dying mysteriously.… Read more »

Last edited 4 months ago by Ginimbi, the illuminate, the likes of Bushiri
Concerned citizen
Concerned citizen
4 months ago

Do not assume God’s seat, rest you be pushed away. Consider these as Earthly matters.

AstraZeneca
AstraZeneca
4 months ago

Kicks of a dying horse

Nicholas
4 months ago

Very humble judge Malawi need. Never swayed.

Steve Mathambo Ngoma
Steve Mathambo Ngoma
4 months ago

The Malawi Government doesn’t need to spend sleepless nights with Bushiri’s case, if you follow the proceeding currently taking place on the Zondo Commission there are worse criminals that SA needs to take care of before coming to the alleged small if not egg fish. Zondo Commission has presented SA with an Acid test if they indeed are serious about fighting corruption at the highest level. It is also wise to let the Courts do their job without the interference of the politicians in the name of diplomacy.

The truth hurts
The truth hurts
4 months ago

Apawaitha aise achuluka apa ndima Haters bushiri is a Malawian his life was in danger in SA lets look at it like that stop hiding in money laundering or wakuba ayi mumafuna kumuphamuthuyi basi koma mwalemba mmadzi

Tsunamintšeye
Tsunamintšeye
4 months ago

Those politicians steal state money unlike that bustard took my parents pension fund fr investments to date nothing was received i even recall how many cases we opened but he very good on bribing but he’s day will come

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