Lawyer representing genocide convict Vincent Murekezi in the extradition case has faulted two Malawi Ministers in their involvement in the matter as he successfully applied for a judicial review at the High Court in Lilongwe.
The Principal Resident Magistrate’s Court dismissed the extradition case against Murekezi, citing inexistence – at that time – of the bilateral treaty between Malawi and Rwanda and irregularities in the manner the State presented the case in court.
Malawi and Rwanda recently signed the extradition treaty which the State wants to use for removal of Murekezi.
In his application for judicial review, private practice lawyer Kita queried the involvement of Minister of Foreign Affairs and International Cooperation Francis Kasaila for signing the bilateral treaty for extradition, saying he has no powers to execute the Act under Section 3 of the Act.
Kita also faults lack of treaty domestication, absence of an extradition request and failure to lay subsequent legislation before Parliament.
He is also against Minister of Home Affairs and Internal Security Grace Chiumia decision to implement Extradition Treaty before being domestication in Parliament as stipulated in Section 58 of the Constitution.
“A declaration that the first respondent [Minister of Foreign Affairs and International Cooperation] acted ultra vires and unreasonable in the Wednesbury [irrational] sense and that his decision to enter into the Extradition Treaty between Malawi and Rwanda is null and void,” Kita’s application reads in part.
Malawi Police arrested Murekezi on December 8 2016 after a grouping calling itself Concerned Citizens piled pressure on government to have the Rwandese extradited over genocide case.
The suspected fugitive offender has lived in Malawi since 2003. He initially applied for temporary residence permit after securing police clearance.
He is currently a convict of a corruption case involving the Rwandan and the then Malawi Revenue Authority (MRA) official Komani Nyasulu committed the case in 2008.
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