Bushiris accuse witness who testified against them in extradition matter of hearsay
In March, the couple was ordered to return to South Africa after they fled to Malawi in 2020, violating their bail conditions, but the Bushiris are now challenging this before the High Court in Lilongwe.
Malawian preacher Shepherd Bushiri waves at sympathisers as he leaves the Lilongwe Magistrate court on 19 November 2020, after skipping bail in South Africa, and was arrested in Malawi. Picture: AFP
JOHANNESBURG - Self-proclaimed prophet, Shepherd Bushiri, and his wife, Mary, have accused the State witness who testified against them in their extradition matter of providing hearsay evidence.
Gauteng Director of Public Prosecutions (DPP) Advocate Sibongile Mzinyathi took to the stand to testify against the two.
In March, the couple was ordered to return to South Africa after they fled to Malawi in 2020, violating their bail conditions.
But the Bushiris are now challenging this before the High Court in Lilongwe.
In papers before the High Court in Lilongwe, Shepherd and Mary submitted that the State’s only witness, Mzinyathi, gave hearsay evidence that was inadmissible in common law countries such as Malawi.
They argued that Mzinyathi’s reliance on investigators who also relied on the complainants makes the DPP’s affidavit a third-hand one.
They submitted that the South African government could only blame itself for withdrawing five other investigators as witnesses, as they would have been appropriate to take the stand.
Therefore, they argued that Mzinyathi’s evidence was inadmissible before the court.
On this basis, the Bushiris submitted that South Africa’s extradition request must be dismissed.