The Lilongwe Principal Resident Magistrate Viva Nyimba has adjourned the court for an hour to read the documents so that he gives ruling afterwards.
The adjournment came just after the State and the Defence team in Prophet Bushiri and his wife case finished presenting their argument in the case.
State lawyer Steven Kayuni applied for the Bushiris to further be detained pending formal extradition request from South African government.
Kayuni said Malawi government has received a provisional request from SA government to detain the Bushiris while they wait for formal request which will be made through diplomatic channels.
The state lawyer also asked the court not to grant bail to Bushiris, saying the two are a flight risk considering how they fled South Africa. He says extradition process takes a long time as it goes through the Justice ministry but argues the Bushiris should not be granted bail.
He argued the Bushiris fled the strict bail conditions they were under in SA and there is no guarantee that they can abide with bail conditions here.
Reacting to Kayuni’s argument, defence lawyer Wapona Kita said told the court that the Sworn statements of the two tell a sad story of how the fugitives are being persecuted in South Africa.
He therefore said they apply for their release unconditionally because they were arrested illegally here in Malawi.
He argued the Bushiris presented themselves to the arresting authorities before a warrant of arrest was issued.
Kita also argued that the court is sitting illegally as the minister of justice has not issued an authority to proceed with the case
Kita has asked the court to grant the two bail, saying they will comply with the court if request to extradite them by South African government.
He says the two cannot abscond bail or run away from the country because they chose to come to Malawi and not any other country.
Faceofmalawi will keep you updated on the matter..
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