Justice Redson Kapindu has ordered the Chief Resident Magistrate’s Court to proceed with extradition proceedings involving Prophet Shepherd Bushiri and his wife Mary.
On an argument that South Africa witnesses should come in person to testify in preliminary inquiry, the judge said that this remains the discretion of the court and that virtual testimony should be allowed where there is sufficient evidence.
The state had applied to the high court a review a ruling by the magistrate courts that the witnesses should physically be present in court in Malawi to authenticate the extradition request.
Kapindu in his ruling said holding proceedings virtually is not prohibited by law although it has risks.
The judge observed that virtual proceedings had become common place in courts as such Malawi should follow the trend.
The judge has also provided another option where the Court in Malawi can ask another competent court in South Africa to hear the testimony and submit the same to Malawi.
Bushiri and his wife Mary are wanted in South Africa for fraud and money laundering charges.