Bushiris’ extradition case adjourned to April 23

Lilongwe Chief Resident Magistrate Court on Monday adjourned to April 23, 2021 the extradition case involving Enlightened Christian Gathering (ECG) leader Prophet Shepherd Bushiri and his wife, Mary Bushiri.

On Monday lead lawyer for the Bushiris, Wapona Kita brought a new application before Chief Resident Magistrate Patrick Chirwa asking the court to refer the matter before Chief Justice for certification as a constitutional matter.

Previously the defence attorneys requested the court to throw out the extradition request for “lack of legal basis”.

The defence lawyers argued that the Constitutional court should interpret on whether SADC protocol can be used as a basis of extradition or a complimentary instrument as explained under article 19 of the SADC extradition agreement.

They also argued that the SADC protocol of 2002 has not been domesticated in Malawi since there is no act of parliament endorsing it as an instrument which can be used for extradition.

Director of Public Prosecutions Steven Kayuni downplayed the arguments by the defence that it is solely relying on the SADC protocol as the basis for extradition.

Kayuni argued that the state has other instruments which are; the extradition agreement which Malawi signed with South Africa and the extradition Act.

He stressed that the SADC protocol is a third instrument being used in the case.

The DPP has further told the court that he sees nothing that needs interpretation from constitutional court.

Chief Resident Magistrate Chirwa therefore reserved his ruling to April 23, 2021 on the matter.

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