LILONGWE-(MaraviPost)-Former Malawi President Peter Mutharika’s personal security aid Norman Chisale has sworn not to forgive former Director of Public Prosecutions (DPP) Steve Kayuni for his suffering due to the preservation order and the freezing of his bank accounts.
Chisale told Zodiak Broadcasting Station (ZBS) Special Interview program on Monday night, November 6, 2023, that despite Kayuni’s several phone calls to apologize on the matter, Chisale will not forgive me.
He further claimed that Kayuni had tried to apologize to him through a Malawi Congress Party (MCP) official.
Chisale, who described himself as a believer and clutched a red Bible in his hand throughout the interview, alleged he is being tortured for political reasons.
Former DPP Steven Kayuni deployed to the Homeland Security Ministry (from left)
Chisale took potshots at Kayuni for causing his suffering.
“I am suffering, my family and children are suffering because of Kayuni. When I was on remand, I wrote his office asking for MK5 million for my child’s school fees, but he refused. I will never forgive Kayuni. God should deal with him,” said a visibly angry Chisale.
In the program that ZBS anchor Leah Malekano hosted, Chisale vowed that those who are behind his torture will pay one day which he did not elaborate.
Kayuni was unavailable for comment at the time we went to press.
In early 2021, the DPP, alongside other agencies such as the Assets Forfeiture Unit, the Financial Intelligence Authority (FIA), the Anti-Corruption Bureau (ACB), and the Malawi Police Services Fiscal and Fraud Department obtained, from the High Court, a seizure order for Chisale’s property worth MK5 billion.
However, Chisale’s lawyers have on several occasions applied to the court to either unfreeze his bank account or get a waiver to access cash, but he has been unsuccessful.
The latest attempt was when Chisale went to the Supreme Court of Appeal (SCA) where he applied for an order to vary the preservation order to enable him access to MK50 million to clear legal bills incurred.
However, SCA judge Charles Mkandawire threw out the application.
This is the second media attempt Chisale has made to fight for his financial freedom after he engaged Sunday Times over the weekend on the same.
LILONGWE-(MaraviPost)-It never rains but pours for embattled Anti-corruption Bureau (ACB) director General Martha Chizuma who faces a fresh lawsuit in relation to a leaked conversation in which she was heard discussing official matters with a third party.
Court documents The Maravi Post is in possession show that the new lawsuit is in relation to her statement which alleged that High Court of Malawi Judge Simeon Mdeza was corrupt.
But Chizuma’s lawyer Martha Kaukonde told The Nation Newspaper that ACB boss is yet to receive the court documents, as such, it is unlikely that her client will appear in court tomorrow.
Chizuma sued again
“I am currently out of office and those documents have not been served on us. The DG is likely not to attend court,” says Kaukonde.
This comes after the State purportedly withdrew charges against Chizuma following a complaint from former Director of Public Prosecutions Steven Kayuni over the same audio.
Last week President Lazarus Chakwera speared Chizuma from sacking after commission of inquiry faulted her instead Kayuni was fired.
BLANTYRE-(MaraviPost)-Malawi Law Society (MLS) says President Lazarus Chakwera’s removal of Director of Public Prosecutions (DPP) Steven Kayuni for “unsound management of a personal grievance” could be in violation of Section 102 of the Constitution.
MLS president Patrick Mpaka said the decision to remove Kayuni may be fine if he has accepted such a position, but it could be tricky if looked at in the context of Section 102 of the Constitution.
Mpaka was reacting from Chakwera’s decision for reason firing Kayuni.
Commission of Inquiry into the December 6 2022 arrest of Anti-Corruption Bureau (ACB) director general Martha Chizuma faulted both Kayuni and Chizuma.
But Chakwera spared Chizuma for fear of losing America and British aids and political future.
“If Kayuni accepts the position taken by the President, that’s fine. If he does not, there may be an interesting situation because unsound judgement in the management of a personal grievance may not necessarily entail incompetence or compromise in exercise of duties of office,” Mpaka told Nation Newspaper.
Section 102 (2) of the Constitution provides that a person may be removed from the office of the DPP if he or she is incompetent, compromised in the exercise of his or her duties to the extent that his or her ability to exercise his or her functions impartially is in serious question, incapacitated or has attained retirement age.
Blantyre-based private practice lawyer Jai Banda, an anti-money laundering law expert, echoed the Law Society’s position and said while the President has the prerogative to fire the DPP, Kayuni could either have been suspended or redeployed.
“His reason that this was something personal and that there was conflict of interest, perhaps, the President might just have suspended Kayuni or send him to another department instead of actually dismissing him from the civil service just like that,” echoed Banda.
President sacked him on Wednesday: Kayuni
The President’s decision followed a report by the inquiry headed by retired Justice of Appeal Edward Twea which faulted both Chizuma and Kayuni.
The inquiry said Kayuni, who lodged a criminal defamation complaint against Chizuma, demonstrated lack of sound judgement by prioritising his self-interest over the responsibility of his office in relation to the leaked audio where Chizuma was purportedly disclosing investigation details to a third party in January last year.
On the other hand, the report said Chizuma committed offences and that she also demonstrated lack of sound judgement in the leaked audio, and recommended appropriate action to deal with her conduct.
During a televised address from Kamuzu Palace in Lilongwe on Wednesday, Chakwera said the findings of the report have challenged the biases of many, including himself.
The President said he considered the act of unsound judgement on the fired DPP to be a breach of public trust as it was a serious matter for Malawi’s lead prosecutor to have a moment of unsound judgement or a conflict of interest.
He said that during his meeting with Kayuni, the fired DPP, he expressed deep regret on the matter, but made it clear that he felt deeply wounded by the continuing damage that the leaked audio caused to his reputation and personal safety.
The President said: “I consider this a great failure for Dr. Kayuni and a great disappointment to me.
“As such, to prevent him from using a public office to settle a personal injury, I have removed Dr. Kayuni from office with immediate effect and I thank him for his many years of service.
“In his place, I have appointed Masauko Edwin Chamkakala as Malawi’s new Director of Public Prosecutions…”
Turning to Chizuma, he said he had already taken a decision on the matter last January, but that he would not stop anyone from seeking redress against her over the leaked audio as determined by the High Court of Malawi last September.
Chakwera said: “I stand by my decision to not fire Ms. Chizuma a year ago and I stand by my choice of her as my champion against corruption today, but I have never said that this means that no one else is allowed to bring a case against her for their own injuries, because that would be unconstitutional.
“Even Ms. Chizuma herself has the constitutional right to file a police complaint against the person who recorded her against her wishes, if she so decides, in which case the law would take its course. That is our justice system.”
The President also recommended to Inspector General (IG) of Police Merylin Yolamu her two deputies, Deputy IG for Administration Happy Mkandawire and Deputy IG Operations Casper Chalera for the Police Service Commission to begin disciplinary proceedings over insubordination for not releasing Chizuma unconditionally as he had ordered.
As expected the Unites States Embassy in Malawi has applauded Chakwera for stressing his government’s commitment to fight against corruption.
Human Rights Consultative Committee, in a statement last evening, said it was not yet convinced if the Judiciary will accord Chizuma and ACB impartiality in its submissions given the fact that Judiciary remains one of the injured institutions by the Audio.
Police arrested Chizuma on Tuesday following a complaint lodged by now suspended DPP Steven Kayuni in his personal capacity. Kayuni alleged he was injured by allegations made by Chizuma in a leaked audio clip in January this year.
BLANTYRE-(MaraviPost)-The arrest of businessman Shafee Ahmed Chunara in 2020 in connection with the cement importation saga was the genesis of the decisions between the Director of Public Prosecution (DPP) Steven Kayuni and the Anti-Corruption Bureau (ACB) Director General Martha Chizuma, this publication understands.
Owner of Prestige Imports and Exports, Chunara was arrested following the general public’s outcry that among all those linked to the case, he was the only one who was being treated with kid gloves, allegedly because he was to be turned into a State witness.
Others arrested were former President Peter Mutharika’s personal bodyguard Norman Chisale, former State House Residences Director Peter Mukhito, and Malawi Revenue Authority Deputy Commissioner-General Roza Mbilizi.
Chunara at the centre of battle lines between Kayuni and Chizuma
“In the first place, Chunara was not supposed to be arrested. He was our key witness. However, his arrested changed the whole case set up,” said a source who refused to be named.
The source further said the arrest of his father, Ahmed Mohammed Chunara, worsened the whole plan, as he was a bait to have a witness in his son.
ACB arrested Ahmed in March, 2022.
On July 7, 2022, ACB arrested Malawi Revenue Authority (MRA) deputy commissioner general Roza Mbilizi alongside former customs and excise manager Fredrick Mpeusa and deputy commissioner responsible for enforcement and operations Abigail Kawamba for allegedly abusing former president Peter Mutharika’s taxpayer identification number (TPIN) free privileges.
“This was when DPP Steve Kayuni said enough in enough,” said the source
Kayuni feared that ACB’s decision to arrest the MRA officers has the potential to derail other ongoing cases, including the unexplained wealth charge and Preservation Order (Civil Forfeiture) proceedings against Chisale as well as the abuse of Mutharika’s TPIN in the Cementgate trial.
“The arrest of Chunara and his son, and the then the former MRA official left us with no key witnesses. It was a big blow to us,” said the source
“The rest of ACB file accused persons are the other agencies’ [FIA, DPP, MRA, MPS [Malawi Police Service] – Fiscal witnesses. A further complication and embarrassment to the State agencies is that of Norman Paulosi Chisale (NPC) and MRA managers. Your good office investigations have NPC as a state witness while in the Cementgate/TPIN he is an accused person number 3.
“Worse still, the three MRA managers are witnesses in the Cementgate/TPIN case while your good office has named them as accused persons.
“Madam Director, it is impossible to process prosecution in court on both files with this strange and alien approach.” read Kayuni’s letter in part.
A Commission of Inquiry into Chizuma’s arrest was told, by informed by the Attorney General (AG), Thabo Chakaka Nyirenda that the relationship between the DG of ACB and the DPP was strained because of differences in opinion in the course of executing their duties.
However, the Commission’s report indicate that the AG’s concern was more to do with lack of management of confidential information by the DG of ACB which was jeopardizing some operations.
The Solicitor General (SG) and Secretary for Justice, Allison M’bang’ombe informed the Commission that the DPP said ‘enough is enough’.
The SG informed the Commission that the relationship between the DPP and the DG of ACB was not cordial and that the Minister of Justice had tried to reconcile them, but the situation has not changed.
“The SG indicated in his opinion that the working relationship started deteriorating when the ACB had arrested the DPP’s witnesses in the infamous ‘Cement-gate’ which was then at advanced stage without consulting the DPP.
“Because of the arrest, witnesses were becoming uncooperative. The SG also informed the Commission that what also strained their relationship was the DPP’s refusal to grant consent for prosecution of the former Minister of Lands Honourable Kezzie Msukwa, MP,” reads part of the report
President Chakwera is the head of State and also head of the Government of the Constitutional Republic of Malawi. In other words, he is the Chief Executive Officer (CEO) of this country. He is mandated by our constitution to appoint people into public positions to assist him to lead and manage this country.
His appointees report to him such that any mismanagement or wrongdoing, President Chakwera cannot run away from any responsibility and accountability of any kind.
As Commander in Chief of the Malawi Police Service, there is no way Inspector General of Police, Merlyn Yotamu, can effect a night arrest of the Anti Corruption Bureau Director General, Ms. Martha Chizuma, without the knowledge of President Chakwera. Again, Inspector Yotamu can’t just issue instructions to arrest Chizuma without an endorsement of the Minister of Homeland security, Mrs. Jean Msendeza.
In principle, President Chakwera, Inspector General Yotamu, Minister Sendeza and Director of Public Prosecutions, Dr. Steven Kayuni might have conspired to arrest Ms. Martha Chizuma. Now they are backtracking from this miscalculated move by feigning ignorance of the same. Malawians cannot just be fooled like that.
Issues of national security are of paramount importance. If the top gurus who are entrusted with our national security are feigning ignorance of early morning arrests of our public officers, then we are all vulnerable. It is a pathetic situation in that the light has the become the source of darkness. We are on total abyss of darkness.
If President Chakwera was not aware of the arrest of Martha Chizuma, he would have immediately fired the Inspector General of Police Yotamu, Minister of Homeland security Sendeza, and the aggrieved party who abused his office to pounce on Martha Chizuma, Dr. Steven Kayuni. These are matters of security and you don’t compromise such issues. Are we safe?
I usually analyse issues from various perspectives. Psychologically, it was a torture for Martha Chizuma to be arrested in the wee hours of 5th December in long panties and later ferried to Namitete Police Station about 48 kilometres from the heart of Lilongwe City. Those who inflicted such psychological and physical torture on her must be brought to book. This is where commission of inquiry is needed.
From managerial and political point of view, Chakwera’s administration has been found wanting and incompetent. It is like a house that is in total disarray. No team spirit to fight corruption. There is totally no coordination of any kind to crack down this evil. You can’t just arrest the ACB Director on petty issues or misdemeanors like gossiping, libel or Kayuni’s character assassination.
Such civil and personal matters can easily be resolved by following conflict resolution techniques including negotiations, arbitration and litigation. Abusing one’s office to effect early morning arrests on such petty issues is totally uncalled for.
The communication on this issue from Minister of Information, Mr. Gospel Kazako, is another pandemonium. He is part of the Executive arm of government, cabinet, accusing in public the other institutions of the executive vis a vis director of public prosecutions, the police and Minister of Homeland security. Why can’t they put their house in order? This clueless Government is just wasting tax payer’s money.
In conclusion, we demand Chakwera’s Government to be honest and transparent. President Chakwera must learn to take responsibility and act accordingly. Malawians cannot be taken for granted by being fooled that the president as commander in chief of Malawi Police Service was not aware of Chizuma’s arrests.
Without firing the top responsible officers in this fracas, Malawians are of the view that the recently instituted commission of inquiry is there as a cover up to fool innocent Malawians further.
Feedback to: rdzida@gmx.com
Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor
LILONGWE-(MaraviPost)-The Centre for Democracy and Economic Development Initiatives (CDEDI) has asked the Anti Corruption Bureau (ACB) to seriously investigate senior government officials who are allegedly involved in abuse of tax payers money through unjustified allowance claims.
Capital Hill
In a letter made available to this publication, CDEDI Executive Director, Sylvester Namiwa, who has also penned minister of finance for disclosures, says the call comes after a spate of arrests at the Accountant Generals (AG) department, where junior public servants are accused of defrauding the Malawi Government of huge sums of money.
Namiwa wants the matter thoroughly investigated because the present scenario raises serious questions about the safety of the public funds and the competence of those entrusted with the roles of controlling officers, and even the treasury for allowing any officer to draw money from the public purse as it pleases them.
He says the current trend signifies that the national purse is so vulnerable such that an accountant can draw money from it on their own.
“If this is the case, then who else is drawing money on their own behind the taxpayers’ backs,” queries Namiwa in the letter addressed to ACB Director General, Martha Chizuma.
Ministry of Finance recently confirmed investigating irregular transactions at AGs department and that the investigations had exposed fraudulent activities perpetrated by personnel in the department for personal gain.
CDEDI which refuses to believe that government protocols and the system guidelines can only favour junior staff to benefit from the consolidated account, says prompt action by the ACB on the stated issues, will put to rest fears that the country is exposed to high level mediocrity and shameless plunder of public resources at the expense of millions of Malawians that are walloping in dehumanising poverty.
Senior government officials allegedly involved in the dubious allowances include Director of Public Prosecutions (DPP) Steven Kayuni who is alleged to have claimed a total of 372 nights in a calendar year of 365 days, and accumulated MK20,475,000.00 in the process, using vote number 351, where he draws allowances from, between September 2021 and June 2022.
This can be narrowed down into 134 nights in March, where four vouchers were paid in his favour on March 25, 2022 alone, 69 nights in May 2022 and 34 local and 3 external travel allowances in October 2021.
Namiwa has since asked the bureau to investigate allegations that between September 2021 and June 2022, the vote for the Accountant General, Jean Munyenyembe, allegedly accumulated dubious allowances contrary to her role as a desk officer who makes a final approval of government payments in the IFIMS.
Some allegations are indicating that in March 2022, the Accountant General (AG) had a total of 64 nights in allowances, paid at a local rate of MWK55,000.00 per night, 3 nights paid at the external rate.
“Madam Director, it is common knowledge that on average public servants work at least for 21 days. How would the AG, whose work requires her to be in the office, be out of the office for 64 days in a month,” queries Namiwa.
He further notifies ACB Boss on allegations that in January the AG claimed 19 nights and in February 17, a situation which raises questions as to who approved and managed government payments in the said three months in the absence of the AG.
The current Mining Minister Albert Mbawala is also alleged to be embroiled in the dubious allowances and that calls for an ‘ACB eye’.
According to CDEDI Executive Director, it is alleged that soon after his appointment into cabinet, Mbawala was paid MK4 million on January 28, 2022, to enable him settle down, when the revised conditions of services for the cabinet ministers and their deputies do not have that kind of allowance.
Additionally, Mbawala is believed to have claimed external travel allowances amounting to MK 2.6 million to audit embassies while serving as a member of the Public Accounts Committee (PAC) of parliament, prior to his ministerial appointment.
“This begs the question as to when did the Members of Parliament assumed the roles of auditors,”
The letter from CDEDI has been received by the ACB and the Bureau is yet to notify the general public on next course of action.
LILONGWE-(MaraviPost)-It is not over yet for the case of the brutal murder of MacDonald Masambuka to conclude as the Director of Public Prosecutions (DPP), DPP Dr. Steven Kayuni, is now considering going after high profile people implicated in the murder.
Macdonald-Masambuka-funeral
Masambuka – who was a 22-year-ld man with albinism from Machinga – was murdered gruesomely for his body tissues.
The police arrested 21 people, who include a Catholic priest, a police officer and a health worker.
During the trial, some of the convicts named Mutharika and Ntaba as the ones who sent them to commit the crime.
However, despite the stunning revelation, the police have not acted until Justice Dorothy NyaKaunda Kamanga passed her judgment on Monday.
NyaKaunda Kamanga had earlier wondered why Mutharika and Ntaba continued enjoying freedom despite being mentioned during the hearing of the case.
But in response to our questionnaire on what will be the direction of the case as regards former President and Democratic Progressive Party (DPP) leader Professor Arthur Peter Mutharika and his then advisor, Dr. Hetherwick Ntaba, Kayuni said his office will be making follow-ups on directions made therein.
Kayuni stated that his office will not have to wait for the law enforcement agencies to take action on the matter.
“Now that the judgment has been rendered, we shall be making follow-ups on directions therein. I can’t say we have to wait for investigations into the leads. It all depends on what investigations state or point at,” he said.
Meanwhile, the Centre for Human Rights and Rehabilitation (CHRR) and Youth and Society (YAS) have yet again challenged law enforcers to rise to the occasion and effect arrests on former President Professor Arthur Peter Mutharika and Dr. Hetherwick Ntaba who were implicated in the brutal murder of MacDonald Masambuka in 2018.
CHRR Executive Director Michael Kaiyatsa expressed dismay with the reluctance of the law enforcement agencies to arrest the two.
“The allegations against these two are serious and it’s only right that they should be given the opportunity to have their names cleared through a judicial process,” said Kaiyatsa.
On the other hand, YAS Executive Director Charles Kajoloweka said his organization expects that the Director of Public Prosecutions will revisit the case and ensure that all those implicated are brought to book.
Kajoloweka emphasized that there should be no selective justice in the murder of Masambuka.
“They must clear themselves or the law must catch up with them because if we do not do so, it will be seen as if there are other people that are above the law or they are getting preferential treatment. There should be no preferential treatment of anyone in these serious criminal cases.
“Therefore, justice must be served and that those implicated including the former President and the Presidential Advisor then, Dr. Ntaba, must be held accountable because that is what is expected,” he said.
LILONGWE-(MaraviPost)-High placed sources with law enforcing agency has confided in this publication that embattled Anti-Corruption Bureau (ACB) Director General Martha Chizuma is expected to be arrested on leaked audio saga.
Chizuma who is currently abroad on private trip will be arrested upon arrival in the capital Lilongwe.
She left Malawi on Sunday, April 10, 2022 to meet and convince “her financiers about her allegiance on corruption fight in the country”, according to sources at ACB.
This following Office of Director of Public Prosecution (DPP) Steven Kayuni endorsing Chizuma’s arrest after studying a court order to decide the possibility of commencing criminal charges on a leaked audio that contravenes ACB office’ oath.
DPP Steven Kayini and Martha Chizuma (from left)
“ACB boss Chizuma will be arrested upon arrival from a private trip over the leaked audio that injured many including contravening ACB office oath.
“As we speak, DPP just endorsed the arrest after examining court order on criminal charges on her,” says the source within Malawi Police Service.
Ministry of Justice spokesperson Pirirani Masanjala on Tuesday, April 19, 2022 confirmed the DPP was served with an order that Mzuzu senior resident magistrate Godfrey Nyirenda granted last month ordering the Malawi Police Service and the DPP to investigate the leaked audio.
“I can confirm that we have been served with the court order and we are evaluating it,” he said. Ruling on an application by Mzuzu resident Frighton Phombo, Nyirenda further ordered Police and DPP to ascertain if criminal charges can be brought against Chizuma.
Sources privy to the matter said the DPP was expected to write the Office of the Attorney General to seek direction because the office of the DPP does not have investigative powers.
“It’s a legal process and what is happening is that the DPP does not have investigative powers, so they have to engage either the police to do that. But the DPP is writing the Attorney General seeking direction on the matter,” added the source.
Phombo moved the court to open a case against Chizuma on allegations that she violated the Corrupt Practices Act (CPA) by revealing to a third party information on investigation for corruption.
He contended that Chizuma committed an offence of directly revealing official information to un-authorised person, contrary to regulation 4(a) of the CPA, and that of making use of speech capable of prejudicing a person against a party to judicial proceedings, contrary to Section 113 (1) (d) of the Penal Code.
But Nyirenda said even though a leeway is given for private citizens to institute criminal proceedings, the overall and ultimate authority over such proceedings remains with the DPP.
On January 24, 2022 President Lazarus Chakwera reprimanded Chizuma for the leaked conversation, indicating that he had summoned her for a meeting where she confirmed speaking about ongoing investigation in the leaked audio that had gone viral.
He described her action as unfortunate but said he would not dismiss her. Instead, he issued a stern warning that he will keep an eye on her conduct.
Chizuma is also facing defamation charges lodged by Ashok Kumar Sreedharan, who sued her for alleging in the audio that money changed hands to have him released after an arrest.
In the audio, Chizuma put in the spotlight churches, judges, lawyers and the Presidency as not helping matters corruption fight.
This comes a few days after political-activist Bon Kalindo gave five-days President Lazarus Chakwera to fire Chizuma over the same leaked audio that breached ACB’s Office oath.
LILONGWE-(MaraviPost)-Malawi President Lazarus Chakwera Tonse government is refusing to have Prophet Bushiri accusers in South Africa to appear before Lilongwe Magistrate Court to authenticate evidence contained in the extradition request.
Bushiri’s lawyer, Wapona Kita on Monday, March 22, 2021 argued before the court that, according to Section 9 of the Extradition Act, witnesses are supposed to be paraded for authentication of evidence contained in the extradition request.
Director of Public Prosecution (DPP) Steve Kayuni alleged that if it brings witnesses and evidence it would be violating the rights of the Bushiri’s by subjecting them to two trials – even though the Bushiri’s want the state to prove the witnesses exist and the evidence is sufficient.
Bushiri symphasizers captured at the court
He further argued that the affidavits sent by South Africa should be treated as evidence and the court must not accept witnesses to be called or the evidence against the Bushiri’s to be tested.
Kita, however, slapped Kayuni arguing that the State cannot rely solely on what is stated in the extradition request, without checking the authenticity of the information of if at all the evidence is sufficient or verified.
“The reasoning is that the state must not rely on evidence it has not seen or authenticated while pursuing an extradition. The Extradition Act itself in section 9 is clear that and how evidence must be received. It says the court has same jurisdictions as a preliminary inquiry and the hearing cannot deviate from that,” he said.
Magistrate Patrick Chirwa has since adjourned the hearing to Monday 29th March for ruling on the matter.
Bushiri and wife Mary fled South Africa last year after they were granted bail on charges of fraud and money laundering.
However fresh published reports show that South African prosecutors also accuse Bushiri of raping girls.
BLANTYRE-(MaraviPost)—Principal Resident Magistrate, Viva Nyimba, has adjourned to March 8 an extradition case involving self-proclaimed prophet and controversial millionaire Shepherd Bushiri and his wife, Mary.
The adjournment follows a request by defense lawyer Wapona Kita that they be given 30 days to go through the extradition documents served by the state.
Kita had prayed with the court that the case returns in court mid-February.
In reaction Director of Public Prosecution Steve Kayuni agreed with the defense arguing Extradition documents are “voluminous” in nature as they exceed over one thousand pages.
In his rulling senior Resident Magistrate Viva Nyimba agreed with both parties and has since adjourned the matter to March 8 for both parties to finish preparing their arguments.
The court has said South Africa has included an additional separate charge of three counts of rape for Shepherd Bushiri
Government of the Republic of South Africa formally sent a request to Lilongwe seeking the extradition of the Bushiris and Malawi government agreed to South Africa’s request to extradite Bushiri and his wife, Mary, to face trial in South African courts.
The fugitive pair skipped bail in South Africa last month and returned to Malawi, claiming they fled because their lives were in danger and they would not have a fair trial.
The couple, which denies the charges, was released on bail in early November and had their passports taken away by South African authorities. But on November 14, it emerged that Bushiri and his wife had broken their strict bail conditions and fled to Malawi.
It remains unknown how the Bushiris managed to flee undetected but the news rattled South Africa and prompted questions about the effectiveness of the country’s justice and border control systems.
The escape coincided with an official two-day visit by Malawian President Lazarus Chakwera to South Africa.
Both countries have denied that the preacher escaped through the plane which carried the Malawian officials.
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