The Lilongwe magistrate court will Friday rule on an application by Prophet Shepherd Bushiri to refer his extradition case to the constitutional court.
Their lawyer, Wapona Kita said Malawi did not ratify the SADC protocol which South Africa is using to seek Bushiri’s extradition , nor did it create an act of parliament that domesticates the treaty.
Bushiri on Facebook:
Today, my wife and I appeared before Malawi courts as we continue our journey of seeking justice before the Malawi Constitution.
During the previous hearing on 29th March 2021—which my wife and I didn’t appear because of the passing our daughter—the Court ruled that:
1. The state violated the rights of the Bushiri’s by not reading out charges to them.
2. The state did not follow the law by relying on affidavits sent from South Africa. The state in Malawi should have interviewed witnesses themselves, and assessed the evidence as well.
3. The state has been ordered to make sure it interviews witnesses from South Africa and that those witnesses must appear in court in Malawi to sign under oath as well as to be questioned by the defence.
That ruling still stands and we are waiting for the South African witnesses to appear before Malawi courts.This was our prayer!
In the Court today, we asked the Magistrate to refer our case to the Constitutional Court for interpretation because the extradition request from South Africa is based on SADC Protocol which is not law in Malawi.
The Court has since been adjourned for ruling on Friday, 23rd April 2021, at 9:00 hours (CAT).
One day, I mean one day, the truth will come out!