Shepherd Bushiri and his wife, Mary.
- A Malawi high court has ruled that witnesses in South Africa in the extradition case involving Shepherd Bushiri and his wife must testify in Malawi.
- The sentence stems from an appeal of an initial sentence by the court of the peace.
- The Bushiris fled South Africa for Malawi in November 2020 after the Pretoria Magistrate Court granted them bail of R200,000 each.
South African witnesses in the extradition case of self-proclaimed prophet Shepherd Bushiri and his wife Mary will be required to travel to Malawi and give their testimony in person, the Lilongwe High Court ruled on Monday.
Lawyer Wapona Kita, representing the couple, told News24 on Tuesday that the ruling stemmed from an appeal to overturn an initial lower court ruling.
The lower court had ruled that the witnesses can testify in a South African court, after which the local court would send the testimony to Malawi.
However, the high court ruled on Monday that no circumstances warranted an appearance before a South African court.
Kita said the initial ruling had considered the logistics of flying and accommodating witnesses in Malawi and the restrictions imposed by the covid-19 pandemic.
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Kita said he had a list of witnesses who could testify. He said it was not up to the Malawian government to determine who testified against the Bushiri.
“I have a list of all the witnesses. They are included in the file. The judge said that not all of them will appear for extradition. The South African state will choose who will testify,” he said.
Kita said the matter will be heard at the magistrates’ court in Lilongwe after successful appeal in the high court.
He could not confirm when the matter would return to court. He said the South African government’s response would determine when the case would continue in court.
South Africa’s Department of Justice and Correctional Services is awaiting the ruling by Malawi’s high court, spokesman Chrispin Phiri told News24.
“We are still waiting for the judgment, and once we have it, we will take a position,” Phiri said.
The Bushiri fled the country for Malawi in November 2020 after the Pretoria Magistrate Court granted them bail of R200,000 each. They are wanted in South Africa on fraud and money laundering charges to the tune of R102 million.
