Prophet Shepherd Bushiri has lost his bid for witnesses to come and physically testify in his extradition case in Malawi as a court in Lilongwe has ruled that the witnesses can give evidence physically while in South Africa.
The Chief Resident Magistrate court in Lilongwe has ruled that South African witnesses in the extradition case of Prophet Shephard Bushiri can testify from their country.
Prophet Bushiri and his wife Mary, through their lawyer Wapona Kita, have been arguing that the South African witnesses had to be physically in court in Malawi to testify in the extradition case involving the two.
However, the state, through the Director of Public Prosecutions Steven Kayuni, applied to have the witnesses testify in South Africa citing logistical challenges and also said South Africa has competent courts that can record testimonies to be used in Malawi.
Today, Chief Resident Magistrate Madalitso Chimwaza, has ruled that South African witnesses in the extradition case can testify before a South African court whose testimonies will be sent to Malawi to continue the preliminary hearing.
However, Chimwaza, in her ruling has since referred the matter to the High Court so that if it deems fit, it can make an order that a competent court in South Africa can physically examine the witnesses.
Reacting to the ruling today, Bushiri said he is looking forward to the appearance of the witnesses in court.
“Witnesses have been ordered to appear before a court in SA and let’s hope this time for the first time, in four years they will show up,” he wrote on Facebook.
On his part, Bushiri’s lawyer, Kita lawyer, said they are happy with the ruling since that is part of what they have been asking for.
“We are happy with the ruling because we have always demanded the witnesses to physically appear and be examined before court regardless of where trial is taking place,” said Kita.
Bushiri and wife Mary Bushiri who are constructing Goshen City in Malawi face fraud and money laundering charges in South Africa. The two fled the Rainbow Nation in 2020 after they were given bail.
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