State fined K560 000 as Bushiri case adjourns to Dec 11
The Chief Resident Magistrate’s Court in Lilongwe yesterday fined the State in the extradition case involving prophet Shepherd Bushiri and his wife Mary, K560 000 as costs of proceedings before granting their wish of an adjournment.
The State asked for 21 days adjournment to make an application to the court and serve fresh documents from South Africa, prompting the defence to request the court to discontinue the case.
However, the court has instead given 60 days for the State to file the documents and serve them on the defence before December 11 2023, when hearing of the case will resume.
Earlier in the morning, the State through senior assistant chief State advocate from the Director of Public Prosecutions (DPP) chambers Dziko Malunda informed the court that due to circumstances beyond its control the witness who was available in court could not be paraded due to “general logistics in preparations”.
In her ruling, chief resident magistrate Madalitso Chimwaza said the court could not discharge the case on technicalities but merit, adding that she was satisfied with reasons for the delays as the DPP in Malawi is dealing with another State in South Africa.
Reads the ruling in part: “To discharge the case for this mishap will be unreasonable decision as it is the first time for the State to ask for this. There is no prejudice suffered by the defendants apart from the time wasting, and the defence will be compensated with costs of K560 000, to be paid before the next date of hearing.”
In his earlier submission, defence lawyer Wapona Kita argued that granting an adjournment would be like rewarding the incompetence by the South African Government, considering that both parties were given 30 days to prepare.
On his part, Malunda pleaded with the court to vary the order upon being satisfied with the reasons submitted by the State.
“The DPP for Gauteng Province is here, counsel for the defence is not wrong, South African Government hasn’t been incompetent , we only have had a few hiccups,” he said.
