Bushiri’s case on

The High Court in Lilongwe has provided direction to the ongoing extradition case of Prophet Shepherd Bushiri and his wife Mary with both the State and the defence saying the ruling is fair and reasonable.

The court said the magistrate’s court should continue with extradition committal proceedings.

Judge Redson Kapindu delivered the judgement virtually on Tuesday in a review relating to South African witnesses in the extradition hearing.

He said it is the court’s discretion to determine whether the trial can be heard virtually, with witnesses testifying remotely, or to have witnesses physically in court.

The Bushiris are answering criminal charges in South Africa where they fled in November 2020 while on bail, and South African authorities are seeking their extradition to face trial.

The matter is being heard under Lilongwe chief resident magistrate Patrick Chirwa who ordered that witnesses from South Africa must come physically to testify as there is no law that supports virtual witness testimony.

The State applied to the High Court to seek clarity on the matter, and in his ruling on Tuesday, Kapindu, said there is enough judicial precedent that points to the fact that trial can be held virtually.

He said, therefore, witnesses can testify remotely, but this should be the discretion of the court to make based on solid grounds considering evidence and circumstances.

The judge said this considering the several risks associated with virtual hearing, such as witnesses coaching, cyber security issues and lack of an opportunity to appreciate the witnesses’ body language, which is crucial in a trial set up.

He also provided an option that the court in Malawi can move a competent court in South Africa to hear the witnesses’ testimony and have the same submitted to Malawi.

These two directions mean that the Chief Resident Magistrate has the discretion to decide what should happen next.

In an interview after the ruling, Director of Public Prosecutions Steven Kayuni said the judgement was part of their prayer to the High Court to consider other options of hearing witness’s testimonies away from the traditional physical presence.

He said: “We are satisfied with the decision of the Honourable Judge. The issues that we raised in terms of witnesses criss-crossing jurisdictions is an issue that has been properly guided on.

“So, those witnesses will not be flying into the country—our argument has always been that in extradition cases that is a misnomer. It is not supposed to be like that. We believe that when the directions have gone to the magistrate court, we will be properly guided as to how we should move forward.”

In a separate interview, defence lawyer Wapona Kita also said they were happy with the ruling.

“What it means is that the witnesses have to come and give evidence physically unless the State is able to convince the magistrate otherwise, but we have a number of rulings already in which the magistrate was not convinced with the reason for a hearing other than a physical hearing of witnesses,” he said.

The Bushiri’s are answering charges of money laundering and fraud in South Africa.

Their ‘great’ escape from the rainbow nation remains a mystery and is an issue which nearly caused a diplomatic row following allegations that the charismatic prophet and his wife were smuggled into Malawi through State machinery.