Court agrees with Bushiri on illegality of SADC Protocol: Case pushed to June for SA witnesses to appear

In the ongoing extradition case involving Prophet Shepherd Bushiri and wife, Mary, the Magistrate Patrick Chirwa on Wednesday agreed with the couple’s lawyer that the SADC Protocol, which the South African government used in their extradition request to Malawi, is not part of the laws of Malawi, as such, will not be used as the basis of the extradition proceedings.

In his ruling, the Magistrate held that since he has decided that the SADC protocol on extradition will not be used in the extradition proceedings, he will only rely on the 1972 Extradition Agreement between Malawi and South Africa.

However, Bushiri’s lawyer, Wapona Kita, told the Magistrate that he will be applying for a review of Magistrate Chirwa’s decision his decision to proceed with the hearing of the matter because the extradition request itself stated that the extradition agreement was being used subject to the protocol.

“We are expected that the review process will be filed this week by our legal team in the High Court,” said Kita.

The matter has since been adjourned until June 4.

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