Court orders SA witnesses in Bushiri extradition case to appear in Malawi

Bushiri's picture courtesy of Maynard Manyowa

Enlightened Christian Gathering church leader, Prophet Phophet Shepherd Bushiri's extradition case has been adjourned to June 4th, 2021.

Appearing on Wednesday, the Bushiris were told that the case will still continue, even if the SADC protocol is invalid in Malawi. 

Earlier they had applied for the case to be thrown out on grounds Malawi did not ratify the treaty as Parliament is yet to table it and sought Judicial review.

Wapona Kita, lawyer for the Bushiris opposed continuation and asked for a stay on the matter until the High Court reviews the legality of the entire process. 

Chief Resident Magistrate Patrick Chirwa dismissed the request to have their extradition case entirely dismissed.

Chirwa also dismissed the request to have the matter referred to the Chief Justice for certification as a Constitutional issue. 

In his ruling, CRM Chirwa he said while the Sadc Protocol cannot be used in Malawi, South Africa was designated under a bilateral act in 1974 as a “processable” destination for extradition.

"As such, the matter will not be referred to the Constitutional Act again," Chirwa said.

The case will now proceed, based on the bilateral agreement between Malawi and South Africa.

The court then adjourned to June 4th to allow the State bring all South Africa witnesses to appear in Malawi. 

The Bushiri's are fighting extradition to South Africa where they are wanted for fraud, money laundering and rape charges.