The ruling delivered by High Court Judge Fiona Mwale today allows the Director of Public Prosecutions (DPP) to withdraw an application for review of the case in which the Bushiris were released unconditionally by a magistrate court.
Mwale has ruled today that the review application be discontinued after Bushiri’s lawyer Waponda raised no objection to the DPP’s fresh application.
The ruling has paved way for the DPP to begin the extradition process for Bushiri and wife Mary as the extradition papers were already signed by Minister of Homeland Security Richard Chimwendo Banda.
Bushiri who is leader of Enlightened Christian Gathering (ECG) church together with his wife Mary are accused of fraud and money laundering charges related to an investment scheme valued at about R102 million.
They were arrested in South Africa earlier this year but after being granted bail the couple fled the Rainbow Nation last month.
In Malawi, the two were arrested after a warrant of arrest was issued by Interpol but a court in Lilongwe said the arrest was illegal as there was no formal request from South Africa. The two were released unconditionally.
The state applied for a review of the ruling but after the South African government sent a formal extradition, the DPP said it wanted the review application discontinued.