Magistrate Patrick Chirwa has adjourned a case involving Prophet Shepherd Bushiri and wife, Mary, to June 4, 2021 to pave way for the Bushiris to seek judicial review of the case before the High Court.
In his earlier ruling, Magistrate Chirwa dismissed Bushiri’s request to have his case dismissed and, also, to have the matter referred to the Chief Justice for certification as a Constitutional matter.
He says whilst the SADC Protocol cannot be used in Malawi, South Africa was designated under a bilateral act in 1974 as a “processable” destination for extradition. As such, the matter will not be referred to the Constitutional Act again.
Going forward, the magistrate directed that the case should still continue, even if the SADC protocol is invalid in Malawi.
However, the defence, through lawyer Wapona Kita, opposed Chirwa’s ruling and asked for a stay on the matter until the High Court reviews the legality of the entire process.
Director of Public Prosecution (DPP) Steve Kayuni was cautioned by the Magistrate against his series of personal attacks against Kita.
Kayuni, lead state prosecutor in the extradition case, has always been going overboard personally attacking Kita who raised a concern before Magistrate Chirwa with regards to Kayuni’s conduct.
“I am here to represent a client. I don’t find it noble for the DPP to keep personal attacks against me. It doesn’t speak well of his character,” he said.
In the heat of the arguments, Kayuni had, in several court session, called Kita several unpalatable names that borders on slur and vulgar.
In response, Kayuni admitted his mistakes and apologised to Kita.
However, commentators are questioning as to why the top state persecutor would be losing his cool in court and peddling personal attacks against a defence lawyer who is doing his job.