Lilongwe court expected to hear review application by Bushiris against extradition to SA
The pair is challenging the ruling of the chief resident magistrate in Lilongwe that found that they must be surrendered to South Africa.
Malawian preacher Shepherd Bushiri waves at sympathisers as he leaves the Lilongwe Magistrate court on 19 November 2020, after skipping bail in South Africa, and was arrested in Malawi. Picture: AFP
JOHANNESBURG - The High Court in Lilongwe is on Thursday expected to hear the review application by controversial couple Shepherd and Mary Bushiri against their extradition to South Africa.
The pair is challenging the ruling of the chief resident magistrate in Lilongwe that found that they must be surrendered to South Africa.
The self-proclaimed prophet and his wife violated their bail conditions when they fled the country in 2020.
They face a string of charges, including rape, fraud and money laundering.
Proceedings will kick off at 9am before the High Court in Lilongwe as Shepherd and Mary’s battle to remain in Malawi rages on.
The Bushiris will argue, among others, that Gauteng Director of Public Prosecutions Advocate Sibongile Mzinyathi, the only witness who testified against them in the inquiry proceedings, provided hearsay evidence.
The State will oppose the review application by the fugitives and argue that Malawi’s Extradition Act allows for the admission of authenticated witness statements and depositions, which means hearsay evidence is admissible in extradition proceedings.
It added that the test for sufficient evidence in extradition cases is whether there is legally admissible evidence that could result in a conviction in Malawi if the offence had been committed there.
The prosecution requests that the review court uphold the committal order by the lower court, but adapt it to include findings that immigration, exchange, money laundering, and fraud are relevant offences for both fugitives and that Shepherd be committed for all eight counts of rape instead of three.