A court in Lilongwe has ruled that South Africa based witnesses in the Bushiris extradition case should testify in a court in South Africa.
Chief Resident Magistrate Madalitso Khoswe Chimwaza ruled in favour of the State on Monday morning and has since referred the case to the High Court which will identify the court where the witnesses can testify.
The State applied to have the witnesses testify in South Africa citing logistical challenges as the reason while Bushiri’s lawyers wanted witnesses to physically come to Malawi and testify.
In her ruling, Chimwaza has referred the matter to the High Court to make an order that a competent Court in South Africa should physically examine the Witnesses.
Dr Steve Kayuni, Director of Public Prosecutions said the matter will be transferred to South Africa for tendering of evidence and when all is done it will be referred back to Malawi.
On his part, Wapona Kita lawyer representing Bushiri and wife Mary said they are happy with the ruling because they have always demanded the witnesses to physically appear and be examined before court regardless of where trial is taking place.