By Twimpoki Mangani

Lilongwe, August 12, Mana: Lilongwe Senior Resident Magistrate, Madalitso Chimwaza has adjourned the extradition case involving Prophet Shepherd and Mary Bushiri to September 27, 2023 for a ruling after hearing an application by the defense lawyer.

The Defence Lawyer, Wapona Kita has asked the court to entirely dismiss South Africa’s extradition request.

In his submission, he asked for the dismissal because the evidence used by South Africa cannot be admissible in Malawi courts as they have not been duly authenticated as required by the law.

In an objection, Kita requested the court not to allow the state to amend the substantial flaws in their request as extradition proceedings are special since they go to court after an order from the Minister of Homeland Security.

In response to the submission, State Advocate, Dzikondianthu Malunda described the application as premature and opted that it be dismissed with contempt.

Speaking on the side lines of the hearing, Council Kita revealed that the court proceedings indicate that there was no evidence which the court could receive to warrant the extradition

“This case has been to the high court and back and the high court gave directions on how the magistrate court should proceed with the matter, one of the directions was how they are going to receive the evidence, which was in accordance with the extradition act.”

“When the South African government wanted to start the case, they brought documents that showed that they have not been authenticated in accordance with the act but in accordance with the South African law, so we said they are bringing contempt to the high court,” he added.

State Advocate, Malunda reiterated that all documents were duly authenticated using applicable relevant laws in the matter while noting that after assessments, only one witness may suffice as opposed to the initial six since the whole matter would not be subject to hearing. 

“What happens in these extradition processes is that it’s up to the state to convince the court that indeed there may be a case in which the fugitive offenders, would have to answer in the South Africa and as for the full details of the evidence then that would be done at the hearing in South Africa should the court decide that they should be extradited,” he added.

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