The high-profile extradition case of Prophet Shepherd Bushiri and his wife Mary will now be decided by the High Court of Malawi after their defence team appealed a lower court ruling that approved their extradition to South Africa.
High Court Judge Madalitso Chimwaza, sitting as chief resident magistrate, granted a 30-day stay on the extradition and ordered the defence to formally request bail from the High Court of Malawi within the stipulated period.
The judge said that the lower court no longer holds jurisdiction, adding that the couple may seek time extensions if High Court proceedings face delays.
In her ruling, Chimwaza said: “The predicament that Malawi finds itself in is that we inherited an old British law on extradition which is yet to be repealed.
“It is not within the powers of this court to change that law. There are those who are responsible, who have the powers to make our laws in tandem with other jurisdictions, to make our laws progressive as other jurisdictions are progressing.”
She clarified, however, that the proceedings constituted an inquiry rather than a trial, rendering the legal shortcomings irrelevant in this instance.
Meanwhile, a statement issued yesterday by the Ministry of Justice and Constitutional Development in South Africa welcomed the ruling, calling it a reaffirmation of “judicial independence, international cooperation and public trust” in both nations’ legal systems.
Reads the statement: “We have been informed that the pair intends to appeal the ruling. The South African government will oppose the appeal. The Department will await the outcome of the appeal process if they proceed. If they choose not to pursue the appeal, the Department will await formal notification from the Central Authority of the Republic of Malawi.”
Bushiri faces three counts of rape, fraud, forgery and bail violation charges while his wife is charged with fraud, forgery and breaching bail conditions.
Some of the charges were dropped due to insufficient evidence and they include theft, money laundering, racketeering and financial advisory violations.
Though Chimwaza initially ordered the couple to be detained until they are handed over to South African authorities, defence lawyer Wapona Kita successfully petitioned to stay the extradition.
But State lawyer Dziko Malunda argued that if bail is allowed, it should come with strict conditions, such as large sums of money, property guarantees and signed commitments from sureties.
In an interview after the ruling, Kita said the defence would like to have a second look at the ruling; hence, the application for stay.
