The legal fight by Shepherd and Mary Bushiri to avoid being extradited to South Africa will resume on Thursday when the High Court in Lilongwe hears their review application.
The couple is seeking to overturn a ruling by the chief resident magistrate, which found there were sufficient grounds for their extradition.
The Bushiris are wanted in South Africa on a range of serious charges, including rape, fraud, and money laundering. They left the country in 2020 while out on bail, violating their bail conditions.
Their legal team is challenging the admissibility of evidence presented during the initial inquiry. They argue that the testimony provided by the sole witness, Gauteng Director of Public Prosecutions Advocate Sibongile Mzinyathi, was based on hearsay.
However, the State maintains that Malawi’s Extradition Act allows for the inclusion of authenticated witness statements and depositions, even if they contain hearsay.
It further argues that the legal standard in extradition matters is not a full trial but whether the evidence presented could lead to a conviction under Malawian law if the offences had occurred locally.
In its response, the prosecution has asked the High Court to uphold the committal order issued by the lower court. It is also requesting amendments to include additional offences such as immigration violations, foreign exchange breaches, and further fraud and money laundering charges.
The State is also seeking the court’s approval to increase the number of rape counts against Shepherd Bushiri from three to eight.
The proceedings are scheduled to begin at 9am as the high-profile couple continues to resist being returned to South Africa to stand trial.
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