Africa-Press – Malawi. High Court Judge Bruno Kalemba has overruled the decision made by the magistrate court to have witnesses in the Shepherd and Mary Bushiri extradition case testify in South Africa.
Kalemba said it is only logical for the witnesses to come to Malawi because Covid, which is one of the grounds the subordinate court cited for making its decision, is no longer as problematic as it was at the time of making the decision.
In effect, this means the South African witnesses will physically have to be available in court. In an interview, defence lawyer Wapona Kita said he was satisfied with the ruling. He said he would be waiting to hear from the magistrate court as to when the matter would proceed in court.
“All along, it has been our wish to have the witnesses come and testify physically in Malawi. Now that our wish has been granted, we will be waiting to hear from the court on the dates the matter will continue.
“We, as defence, are ready for the continuation of the case. It is only that we wanted the witnesses to be present in court here in Malawi,” Kita said.
Director of Public Prosecutions Masauko Chamkakala said these are not necessarily witnesses to the case but South African government agents who will testify in relation to the question of whether the Bushiris should be extradited to South Africa.
“The State is satisfied with the ruling and will be in touch with the South African government on [issues related to] the ruling,” Chamkakala said.
The Bushiris have been battling with court cases to have them repatriated to South Africa, where they are accused of committing crimes during their stay in the Rainbow Nation.
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