LILONGWE-(MaraviPost)-The Lilongwe Chief Resident Magistrate Madalitso Chimwaza on Monday, August 22, 2022 ruled that witnesses in the Prophet Shepherd Bushiri extradition case can give evidence while in South Africa.
Giving her ruling, Chimwaza said the process should happen within 90 days from today, August 22.
Bushiri and his wife Mary, through their lawyer Wapona Kita had argued that the witnesses had to be physically in court in Malawi to testify while the state, through the Director of Public Prosecutions Steven Kayuni, maintained that South Africa has competent courts that can record testimonies for use in Malawi courts.
In her ruling, Chief Resident Magistrate Madalitso Chimwaza referred the matter to the Malawi High Court to have the procedure undertaken.
“The honourable court has ruled that it is going to refer the matter to the High Court, pursuant to Section 208 of the Criminal Procedure and Evidence Code.
“The effect of [the ruling] is that [the Chief Resident Magistrate] is going to ask the High Court for an order, on behalf the Republic of South Africa, that depositions should be taken in South Africa because the witnesses that are on record for the extradition request are based in South Africa,” Kayuni said.
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The witnesses’ testimonies will then be sent to Malawi to continue the preliminary extradition hearing, according to Kayuni.
Reacting to the ruling, Bushiri in a Facebook post said: “Witnesses have been ordered to appear before a court in [South Africa] and let’s hope this time, for the first time in four years, they will show up.”
Bushiri and his wife, through their lawyer Wapona Kita, had argued that the witnesses had to be physically in court in Malawi to testify in the extradition case.
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The Lilongwe Magistrate’s Court initially ruled in favour of the defence that the witnesses should travel to Malawi in June 2021 before the state filed a review application to set aside the judgment.
The judgment in the review application was delivered on 8 February 2022, with the Malawi High Court ruling that the extradition hearing will be heard in the same fashion as a criminal trial and that evidence may be heard in the form of sworn affidavits or by way of virtual or physical testimony.
Extradition request
Malawi received the formal extradition request for the Enlightened Christian Gathering (ECG) church leader and his wife from the South African government on 5 December.
The extradition request was submitted in terms of the Southern African Development Community (SADC) protocol although it had not yet been domesticated.
According to Justice and Correctional Services Minister Ronald Lamola, the Malawi’s Extradition Act clearly demonstrates in the First Schedule to that Act that South Africa was a designated country for purposes of extradition, and this was the reason why the Lilongwe Magistrate’s Court ruled in favour of the prosecution.
The Bushiris are wanted in connection with a fraud and money laundering case to the alleged tune of R102 million.
The couple fled to Malawi just a few days after they were granted bail of R200,000 each – under strict conditions – in the Pretoria Central Magistrate’s Court.