THE defence lawyer in the extradition case involving self-proclaimed prophet Shepherd Bushiri and his wife Mary has requested the Lilongwe Chief Resident Magistrate Court in Malawi to dismiss the case.
The couple made a brief court appearance on Tuesday, 10 October, for what was supposed to be the first leg of their hearing.
But the matter had to be sat down, following the failure by the state to parade its only South African witness Sibongile Mnzinyathi, who is a Director of Public Prosecutions (DPP) for Gauteng.
The court was informed by the state that due to circumstances beyond its control, the witness who was available in court could not be paraded.
The state cited general logistics in preparations and has pleaded with the court for an extra 21 days to file fresh documents.
ALSO READ | Tragic crash still haunts familyOpens in new window
Opposing the postponement, the Bushiris' lawyer Wapona Kita told the court that the South African government should not use its own incompetence to seek for an adjournment.
He argued that both parties were granted 30 days to prepare.
Kita said granting an adjournment will be like rewarding the incompetence by the South African government.
"If they fail to parade the witness, then there's no evidence before the court to satisfy itself whether to surrender the accused to the South African government. The DPP has tried to keep this case alive but enough is enough," he said.
Senior Resident Magistrate Madalitso Chimwaza has reserved the ruling on the state's request for Tuesday afternoon.
