THE Malawian court has rejected an application to stop South African extradition request for self-proclaimed "prophet" Shepherd Bushiri and his wife Mary.
The couple returned to the Lilongwe Magistrates Court on Monday, 11 September, for their extradition case.
The Bushiris, who are wanted in Mzansi, had asked the court to reject the South African government's extradition request.
However, Chief Resident Magistrate Madalitso Chimwaza said the application to dismiss the extradition request was premature as the documents complained of were yet to be brought before the court as evidence.
Chimwaza also agreed with the Bushiris' application that the evidence South Africa used in their extradition request was not authenticated and could not be used in court.
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The state's lawyer, Dzikondianthu Malunda, said this meant that the only state witness from South Africa Sibongile Mzinyathi who is the Director of Public Prosecution for Gauteng Province in that country will testify on 10th October 2023.
"The court has ruled in our favour and we are happy. We hope the case will continue without disruptions and that it will be determined on merits," Malunda said.
The Bushiris' lawyer, Wapona Kitta, said the verdict was not a loss for them as the court had also partially granted their application.
He said they were very happy that the judge had agreed with them that the documents submitted to the court could not be used as evidence as it was premature at this stage.
The court has adjourned the hearing of the case to next month, 10 October.
Bushiri and his wife Mary had skipped bail in November 2020, after being arrested for fraud and money laundering to the tune of R102 million linked to an investment scheme.
Bushiri also faces charges of rape.