More delays in Bushiri extradition hearing as couple loses recusal bid

The Bushiri’s  lost their bid to remove the presiding magistrate hear on Monday. 

They are facing fraud and money laundering charges in South Africa and a warrant of their arrest has been issued as they violated their bail conditions when they fled the country to go back to Malawi last year. 

Their lawyer, Wapona Kita, lodged the formal application for the magistrate’s recusal.

The presiding magistrate for the extradition matter was supposed to be Viva Nyimba, but the state transferred the matter to his colleague Patrick Chirwa. 

The Bushiris are challenging a decision by Chirwa to issue a warrant of arrest against them in a high court in Lilongwe. 

The Bushiri’s argue that Chirwa is biased and that the state unlawfully transferred the matter without informing them.

Chirwa dismissed their application, saying there are no grounds for his recusal. 

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Kita, on behalf of the Bushiris, subsequently gave notice to have the extradition hearing heard as a civil and not a criminal matter.

“When we were ready to start with the extradition hearing, they have filed three notices that the state should give them a record of the bail proceedings in South Africa, and whether the court would treat this as a civil or criminal matter and lastly there was a letter that the defense says it wrote to the state, the state and the court doesn’t have it on record, “ . 

“The letter states that we need to bring evidence that South Africa is a designated country for extradition.” said Malawi’s director of public prosecutions Steve Kayuni

Kayuni said they argued the matter and informed the court that South Africa is a designated country for extradition and that is fully gazetted.

He said whether the case is treated as a criminal or civil matter does not make a difference. 

The matter has been postponed to March 22.