SA witnesses ordered to travel to Malawi for Bushiri hearing
South African witnesses in the extradition hearing of self-proclaimed prophet Shepard Bushiri and his wife Mary will have to travel to Malawi to testify
On Tuesday, the Lilongwe Magistrate’s Court dismissed an application by the Malawian director of public prosecutions to allow the witnesses to testify via video link, in order to observe Covid-19 regulations.
The application was brought by the state on Friday.
Magistrate Patrick Chirwa was not convinced by the states reasons for applying for the witnesses to testify via video link.
He also said the lower court does not have powers or jurisdiction to direct video conference testimonies.
The lawyer for the Bushiris, Wapona Kita, said they are ready to proceed with the case as soon as the witnesses appear in court.
"The implication here is that we are following the law in Malawi and what it requires. It would have been really said if the magistrate ruled otherwise," said Kita.
Chirwa previously agreed with Kita's arguments that the state cannot proceed with a hearing based on written witness statements from another country without testing their veracity.
The director of public prosecutions in Malawi, Steve Kayuni, said they respected the courts order and will abide by it.
Ten witnesses from South Africa are expected to testify in the case.
"The arrangements have to be made and discussions on international cooperation has to be there to make sure the order of the court is duly compiled with," said Kayuni.
He said the witnesses have always been ready.
The state requested a three-week postponement to arrange for the witnesses to travel.
