The highly respected independent Malawian judiciary, represented by Lilongwe Chief Resident Magistrate Madalitso Chimwaza, has declined an application from Prophet Shepherd Bushiri and his wife Mary, who sought the dismissal of South Africa’s entire extradition request.
The court has ruled that it would be premature to dismiss the entire case solely because South Africa plans to present evidence documents that do not meet the admissibility criteria outlined in Section 13 of the Extradition Act. Chimwaza emphasized that although these documents are not currently admissible, they have not yet been formally presented before the court. Therefore, it would be premature to dismiss the case at this stage.
State Lawyer Dzikondianthu Malunda says the ruling means that the only State witness from South Africa Sibongile Mzinyathi who is Director of Public Prosecution for Gauteng Province in that country will testify on 10th October, 2023.
“The Court has ruled in our favour and we are happy. We hope the case will continue without disruptions and that it will be determined on merits,” said Malunda.
In his remarks after the ruling, Lawyer for the Bushiris Wapona Kitta said the Court has also partly agreed with their application.
“We are very happy that the Magistrate has agreed with us on documents that were tendered in the court that they cannot be used as evidence because it is premature at this stage,” Kitta said.
The Court has since adjourned hearing of the case to next month 10th October, 2023.
