By Chancy Namadzunda:
Chief Resident Magistrate Madalitso Khoswe Chimwaza has committed to the high court an extradition case involving Malawi’s controversial prophet Shephered Bushiri and his wife Mary who are being wanted to answer various money related charges in South Africa.
In the case the state wants to commence extradition process for the two after the South African government had applied to the Malawi government to have the two extradited to the Rainbow nation.
However the Bushiri’s through their lawyer Wapona Kita have been challenging the state’s argument saying if the state wants to commence extradition processes it must parade in court witnesses from the rainbow nation to testify against Bushiri and his wife.
The state on the other hand through Director of Public Prosecution Steven Kayuni had been arguing that it wants the witnesses to testify in a South African court and not here in Malawi citing logistical challenges.
Delivering her rulling Chief Resident Magistrate Madalitso Khoswe Chimwaza has agreed with the state to have the witnesses testify in a South African court but they will have to be examined first by a competent court.
Chimwaza has since committed the matter to the High Court which has jurisdiction to handle extradition cases.
Reacting to the rulling, Steve Kayuni Director of Public Prosecutions – DPP said the matter will be transferred to South Africa for tendering of evidence before it is refered back to Malawi.
On his part, defence lawyer Wapona Kita said they are excited with the ruling because they have always maintained that the witnesses be physically examined before appearing in court irrespective of where the court will be seating.
