High Court Judge Redson Kapindu has directed that South African witnesses, in a case involving Enlightened Christian Gathering (ECG) leader Prophet Shepherd Bushiri and his wife Mary, be allowed to testify in the extradition hearing.

The judgement, which was delivered via a video link, follows an application for review by the State through the Director of Public Prosecutions (DPP).

On whether the witnesses should testify virtually or physically, the court has directed that decision remains the discretion of the lower court.

Commenting on the judgement, lawyer representing the couple Wapona Kita said the defense is satisfied with the court’s direction.

Said Kita: “We are happy with the judgement because substantially it has gone in the favour of our clients.

“We have argued all along through the Magistrate’s court what a preliminary inquiry means and that is a issue which the DPP was not satisfied with.”

“The Judge has in fact dismissed the grounds of review which were put forward by the DPP and has agreed with the Magistrate by agreeing with the Magistrate it means is agreeing with us, because those are the arguments which were raised before the Magistrate’s court.”

Meanwhile, the State through the DPP Steven Kayuni said the court’s determination means that the Chief Resident Magistrate’s court is at liberty to proceed on its own discretion.

“There is no clear direction in terms of criminal proceedings as regards virtual testimony, there are so many legal intricacies that affect such kind of virtual testimony.”

“However, physical presence of the witnesses in the country is something that would not be in line with our obligations as a jurisdiction, the only way is that the testimony be undertaken through a deposition,” said the DPP.

The fugitive offenders jumped their bail in late 2020 arguing that they believe that Malawi justice system would offer a fair trial unlike in South Africa where they were subjected to partial proceedings.