MALAWI: Court throws out state's application on Bushiri case

By: Ollus Ndomu

A Lilongwe brave Resident Magistrate, Patrick Chirwa has dismissed Malawian government’s application that sought to allow South African witnesses to testify in the Prophet Shepherd Bushiri’s extradition case.

Handing down his ruling on Tuesday, June 8, 2021, Magistrate Chirwa pointed out that the State’s application lacked enough evidence explaining why witnesses would not be available physically in court during the hearing of the matter.

“Covid 19 has indeed affected some parts of the world but external travel continues both in Malawi and South Africa and as the defense argued, the Malawian Airlines travel to South Africa except on Tuesdays,” argued Chirwa.

According to the state’s thrown out application, witnesses were to testify through video conferencing.

The magistrate has since faulted the State for failure to provide details of witnesses’ underlying conditions which would expose them to greater risk of Covid-19 if they flew from South Africa to Malawi for a one day court hearing.

Commenting on the ruling, Director of Public Prosecutions Steve Kayuni has said the State will abide by the court order adding that witnesses will fly to Malawi when the matter comes up for hearing again.

“The witnesses have always been ready to testify,” said Kayuni.

Meanwhile, Wapona Kita, one of the defense lawyers has expressed delight in the court ruling saying:

“We are happy and ready to cross examine the witnesses in court.”

The matter has since been adjourned to the second week of July 2021 when witnesses from South African will testify in the country’s self-styled prophet Bushiri’s extradition case.

South African authorities want Bushiri to be extradited to the rainbow nation for trial on fraud among other crimes committed in that country.