Bushiris challenge ruling on SA witnesses
Prophet Shepherd Bushiri and his wife Mary have appealed against a Lilongwe Chief Resident Magistrate’s Court ruling to allow South African witnesses in their extradition case testify virtually from South Africa.
The Bushiris want the High Court of Malawi to order the Chief Resident Magistrate’s Court to have the witnesses physically attend the court in Malawi.
In her ruling of August 22 2022, Lilongwe chief resident magistrate (CRM) Madalitso Chimwaza stated that witneases in the Bushiris’ extradition case can be examined outside Malawi to avoid the inconvenience of having them physically come to Malawi to testify in the preliminary inquiry of the case.
But making the appeal yesterday, the Bushiris’ lawyer Wapona Kita said there are no appropriate circumstances warranting the witnesses to testify in South Africa.
He said the lower court erred in ordering that the witnesses testify in South Africa; hence, the need to set aside the order.
“We pray that the appeal should be allowed in its entirety,” said Kita.
The grounds of appeal for the Enlightened Christian Gathering-Christian Nation Church leader and his spouse include that the magistrate erred at law in applying to the High Court in her ruling dated August 12 2022 for the witnesses to testify outside Malawi when no procedure for making such an application is provided for by law.
Kita also dismissed fears that coming to Malawi would expose the witnesses, who are alleged victims of sexual abuse, to trauma and embarrassment, arguing there was no evidence of any sexual witness who had complained of being subjected and amenable to such an exposure.
But Director of Public Prosecutions Steve Kayuni, representing the State, asked the court to dismiss the Bushiris appeal.
He observed that the appeal faulted the procedure for making an application to the High Court by the CRM, but does not state what would be the procedure. He said the court order is the procedure that CRM used to apply before the High Court.
“The appeal shies away from stating what the procedure would be. The only reason they are saying is the law does not say so,” said Kayuni.
Kayuni argued that having witnesses testify in South Africa is economical and would also help with the speedy disposal of the matter.
He wondered why the Bushiris were concerned about legal representation in South Africa when they already have lawyers in South Africa representing them in other matters.
Presiding High Court Judge Bruno Kalemba has since reserved ruling for the appeal to a date to be set by the court.
The Bushiris are appearing in court in Malawi for the extradition hearing after South Africa requested Malawi Government to have them extradited to South Africa to answer various charges including money laundering.
The suspects fled South Africa after the authorities in that country started prosecuting them. They were released on court bail and they jumped bail and fled to Malawi.
