The Lilongwe Chief Resident Magistrate Court will today continue hearing an extradition case involving Prophet Shepherd Bushiri and his wife Mary.
The court will this morning be expecting the South African government through its witness to present its extradition request.
Lawyers for the defence, led by Counsel Wapona Kita say they are ready to cross examine the witness to show that they have failed to meet legal requirements for extradition to happen.
On October 10th 2023, the court ordered the South African government to pay K560,000.00 as costs of proceedings for delaying the case.
The court arrived at the fine after lawyers representing the Bushiris objected to the State’s application to adjourn the matter for 21 days.
Chief Resident Magistrate Madalitso Chimwaza pointed out that the State has not been vigilant, and that it was unfortunate and disrespect for court orders.
Earlier on, State lawyer Dzikondianthu Malunda had told the court that their witness was not ready to testify due to logistical challenges.
But lawyers for the Bushiris asked the court to dismiss the case if the witness, South Africa’s Director of Public Prosecutions, was unable to testify despite being present in the courtroom.
Chimwaza gave the State 60 days to file all necessary documents and serve them on the defence before December 11 2023, when hearing in the case will resume.
The court was expected to receive evidence from South Africa’s witnesses detailing why they needed the Bushiri’s extradition.
The proceedings followed a previous application by the Bushiris, who want the entire extradition process dismissed because South Africa brought “unauthenticated evidence, which is against the law”.
Chimwaza agreed with the Bushiris, but guided that South Africa must present the evidence first before court and that matters would proceed from there.