Prophet Bushiri wants extradition case dismissed 

Prophet Shepherd Bushiri and his wife Mary want extradition charges brought against them dropped due the prosecution’s insistence on using unauthenticated documents as advised by a High Court ruling earlier in the trial.

Arguing before Lilongwe Chief Resident Magistrate Matilda Chimwaza on Friday, the Bushiri lawyer Wapona Kita noted that section 13 of the Extradition Act makes it is mandatory that an affidavit used in extradition cases must be authenticated.

In his submission, Kita asked the court to permanently dismiss the extradition request by South Africa because the evidence they used in their request cannot be admissible in Malawi courts as it has not been duly authenticated as required by the law.

“Authentication is defined by the same act to require that judge must satisfied as to the document or affidavit that it purports to be what it seeks to achieve. Alternatively, a magistrate must have been satisfied as to authenticity of the document or affidavit or an officer of the court,” Kita argued.

He further noted that the same section requires the minster of the concerned country to place a seal on the document to further authenticate the document and, in the absence thereof, such documentation and whatever is contained in it as evidence becomes inadmissible in the courts of Malawi.

“This means entire tendered evidence in a form of affidavit shall not pass the test of presenting prima facie evidence required in terms of section 9(4) to bring or to extradite person of interest.”

Kita argued that the Magistrate Court cannot deviate from statutory provisions, especially that it ought to respect the rulings by the High Court. 

“As a creature of stature, it must comply and respect the higher court of the land and must on this basis dismiss entire application permanently.”

Kita has also prayed before the Court not to allow the State to amend the substantial flaws in their request because extradition proceedings are special, they come to court after an order of the Minister of Homeland Security.

The State, however, has argued that though it agrees with Kita’s arguments, it does not agree with the application of dismissal but has asked the court to provide fresh directions.

State prosecutor Dziko Malunda told the media after the court hearing that he believes that the documents are valid.

“We do not think that it is correct to say that the documents were not properly authenticated. As far as we stand, all the documents that are going to be used in this mater are duly authenticated using the applicable relevant laws in these matters,” he said.

Magistrate Madalitso Chimwaza has since adjourned the matter for ruling on 27 September.

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