The Chief Resident Magistrate’s court in Lilongwe has ruled that witnesses should physically testify in South Africa in the extradition case involving Enlightened Christian Gathering (ECG) leader Prophet Shepherd Bushiri and his wife Mary.

Delivering her ruling this morning, Chief Resident Magistrate Madalitso Khoswe Chimwaza referred the matter to High Court to facilitate the process.

“Pursuant to section 208 (2) and 209 of the Criminal Procedure and Evidence Code, the Chief Resident Magistrate hereby applies before the High Court of Malawi for such an order that the witnesses in the preliminary inquiry in Miscellaneous case No. 137 of 2020.

In the matter of the Extradition Proceedings, where the requesting State is the Republic of South Africa against Mr Shepherd Bushiri and Mary Bushiri (fugitive offenders) should give their testimony before a competent Judge or Magistrate in the Republic of South Africa as the High Court deems fit. It is so prayed,” reads the ruling in part.

The inquiry has since been adjourned for 90 days to allow parties to facilitate the process of deposition.

In an interview, Director of Public Prosecutions (DPP) Steven Kayuni said the ruling means the witnesses will no longer travel to Malawi as per the State’s request.

Kayuni said: “What it means is that from the order of the court there is no need for the witnesses to come from South Africa, that’s what the court has ordered.

The witnesses will be testifying in South Africa before the court there and the two fugitive offenders are free to instruct lawyers in South Africa to cross examine and questions on any to do with the witnesses.”

Once all processes are done in South Africa within the given 90 days, the depositions – through the diplomatic channel, will be sent back for purposes of proceeding in Malawi court.

Magistrate added that both parties have the right to appeal to the High Court if not satisfied with the decision of the court.