By Chisomo Phiri
Senior Resident Magistrate Madalitso Chimwaza says she will make her ruling on Bushiris’ application requesting the dismissal of the extradition case on 11 September 2023.
Speaking in court on Friday, Chimwaza said she will need at least 30 days to prepare her ruling on the matter.
On his part,Bushiris’ lawyer Wapona Kita, asked the court to permanently dismiss the extradition application by authorities in South Africa because the evidence they used cannot be admissible in Malawi courts as it has not been duly authenticated as required by the law.
Kita also prayed to the court not to allow the State to amend the substantial flaws in their request because extradition proceedings are special, they come to court after an order from the Minister of Homeland Security.
Kita supported his arguments with Sections 9(4) and 13 of the Extradition Act.
Kita argued that the extradition request tendered by authorities in South Africa has not passed the test of presenting evidence as required in terms of Section 9(4) to bring or to extradite a person of interest.
State lawyer Dzikondianthu Malunda, said the state does not agree with the application of dismissal but rather asked the court to provide fresh directions.
Malunda contended that the defence’s application is premature, and misplaced and that it should be dismissed.
In the previous court proceedings, South African witness, Sibongire Mnzinyathi, who is the Director of Public Prosecutions for Gauteng Province, was scheduled to take to the witness box but didn’t.
The Bushiris, who fled South Africa in November 2020 while on bail, are answering criminal charges and authorities in the rainbow nation are seeking their extradition to face trial there.
Earlier, Prophet Bushiri repeatedly said they left South Africa on security concerns and feared they would not get fair trial there.
