South Africa-based witnesses in the extradition process against self-proclaimed prophet Shepherd Bushiri and his wife Mary will not have to travel to Malawi to give evidence.
SOUTH Africa-based witnesses in the extradition process against self-proclaimed prophet Shepherd Bushiri and his wife Mary will not have to travel to Malawi to give evidence.
On Monday, the Chief Resident Magistrate in Lilongwe, Madalitso Chimwanza, ruled the witnesses could give evidence while in South Africa, before a South African court.
Director of Public Prosecution (DPP) Steve Kayuni, who is the lead State prosecutor in the Bushiris’ extradition case, said the magistrate’s court had referred the matter to the high court in Malawi, which would give an order for the deposition of the evidence in South Africa.
“The court has granted its ruling that it is going to refer the matter to the high court pursuant to the Criminal Procedure and Evidence Code. The effect of it is that it is going to request the high court for an order to the government of the Republic of South Africa for depositions to be taken in South Africa,” said Kayuni.
“The witnesses that are on the record for extradition request are based in South Africa and the recording will be done in South Africa and be sent here for the purposes of the extradition proceedings. So the witnesses are not travelling from South Africa in essence.”
Kayuni added the witnesses would be expected to physically give their evidence while in South Africa before a competent court.
He said the records of the South African witnesses would then be sent to Malawi to enable the courts in that country to determine whether a case has been made to warrant the Bushiris’ extradition as requested by the South African government.
Bushiri’s spokesperson Ephraim Nyondo said the court ruling was welcomed as the people accusing the preacher would now have to outline their allegations.
“Our demand has always been to face the people accusing us before a competent court. We waited three years in South Africa for them to appear but they never did,” said Nyondo.
“We are happy with the ruling as we will now physically face the people that have been accusing us.”
Earlier this year, the family of one of the women who made rape allegations against Bushiri vowed she would not travel to Lilongwe, even if the court in that country insisted she had to testify physically in the ongoing extradition hearing.
The woman’s name had been withheld to protect her.
Apart from the rape allegations, Bushiri and Mary are wanted in South Africa on fraud and money-laundering charges relating to an investment scheme valued at more than R100 million.
The Enlightened Christian Gathering (ECG) church leaders were arrested in South Africa but, after being granted bail, fled to Malawi, claiming they were not safe in their host country.
They were each released on R200,000 bail by the Pretoria Magistrate’s Court on November 4, 2020, after their arrest in October that year.
