Bushiris, State tussle over evidence

Hearing of preliminary proceedings in a case where ECG-The Jesus Nation leader prophet Shepherd Bushiri and his wife Mary are challenging a South African Government extradition application continued yesterday with parties tussling over evidence.

In the application, South Africa wants the courts to allow the Bushiris prosecuted in Pretoria for alleged financial crimes and rape.

Yesterday, Lilongwe chief resident magistrate Madalitso Chimwaza adjourned the case pending a ruling on an objection by the State against the manner in which one of the defence lawyers, Annelene Van De Heever of South Africa, cross-examined State witness and Director of Public Prosecutions in South Africa’s Gauteng Province, Sibongire Mzinyathi.

During the cross-examination, the defence attempted to prove elements of irregularity in the evidence on rape cases after three complainants withdrew their statements of allegations.

De Heever asked the witness to explain alterations in the statements by the rape complainants as submitted by the State.

She also wondered if Mnzinyathi was standing in the court as a State witness and how the South African Government would prosecute Bushiri in the rape case when the complainants withdrew their claims.

Further, De Heever attempted to prove that the docket that Mnzinyathi presented in the case, which contains the affidavit of the criminal cases, had alterations indicating that the prosecutor, who prepared the files, made additions in the statements by the complainants.

However, Ministry of Justice chief State advocate Dzikondianthu Malunda, who rose thrice during the cross-examination to object to the continued testing of evidence, said the line of questioning was like conducting a full trial and not a preliminary hearing for the extradition application.

But another defence lawyer Wapona Kita, argued that a previous ruling already dealt with the point of testing the evidence during such a hearing.

Earlier yesterday, Kita cross-examined Mnzinyathi and attempted to test his credibility. He said Mzinyathi was not an expert in Malawian extradition laws.

In response, Mnzinyathi conceded that he was not an expert in Malawi laws, but said a charge sheet and a certificate from the South African Government on the extradition treaty with Malawi highlighted some of the procedures required for an extradition application.

Chimwaza adjourned the case for a ruling today.

The Bushiris are accused of jumping bail in South Africa in November 2020.