Lilongwe Principal Resident Magistrate Viva Nyimba has ruled that the arrest Shepherd Bushiri and his wife Mary Bushiri in Malawi was illegal and has ordered the release of the couple.
The two appeared before court today following their arrest on Wednesday on account of an arrest warrant which the Malawi Police Service received from Interpol.
State lawyer Steve Kayuni said the couple should be remanded for 30 days pending extradition to South Africa where they jumped bail last week.
He argued that Malawi has been notified by South Africa that the couple flouted the laws of the Republic of South Africa.
Kayuni argued that the two should not be granted bail since they came into Malawi while their travel documents are with the authorities in South Africa and there are fears that they may escape again.
However, Bushiri’s lawyer Wapona Kita argued that the two were arrested illegally in Malawi as there was no warrant of arrest issued by Malawian authorities.
He applied for their unconditional release saying Bushiri and wife cannot be arrested based on a warrant of arrest issued in South Africa.
In his ruling, Nyimba agreed with the defence that the couple’s arrest was illegal. He noted that there was no arrest for the couple issued by the Malawian authorities. Nyimba then ordered the unconditional release of Bushiri and wife.
Bushiri welcomed the ruling and said he will comply with the court.