4 February, 2023

Bushiri extradition case: SA based witnesses will not testify in Malawi

The Bushiris leaving court-Picture by Capital FM

Witnesses in a case involving Shepherd Bushiri and his wife Mary, will have to be paraded in a competent South African court, following a fresh ruling by the Lilongwe Chief Resident Magistrate.

CRM Madalitso Chimwaza has made the ruling in favour of the Director of Public Prosecutions.

In the preliminary extradition hearing, the defense was protesting that South Africa based witnesses should physically travel to Malawi.

In her ruling, Chimwaza points out that with the guidance in the Criminal Procedure and Evidence Code, she will apply to the High Court to have the procedure undertaken.

On the witnesses, the CRM has noted that some of those expected to make depositions are on sexual offenses and do not require to be physically available in a Malawi court.

The defense has since been given the mandate to instruct lawyers in South Africa to represent them when taking depositions.

The matter has been adjourned for 90 days.

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