- The Malawi State's appeal of the lower court ruling that released the Bushiris has been postponed.
- This is to allow for the court to hear preliminary objections from the defence team.
- The matter will be heard on 14 December.
The hearing of the Malawi State's appeal of the lower court ruling that led to the immediate release of self-proclaimed prophet Shepherd Bushiri and his wife Mary, has been postponed.
"Yes, I can confirm, we have raised preliminary objections to do with the jurisdiction of the court to hear criminal review of what we consider as a civil matter," the Bushiris' lawyer, Wapona Kita, told News24 on Tuesday.
A High Court in Lilongwe was set to hear the Malawi State prosecutor's appeal of the lower court ruling that found, among other things, that their arrests by the Malawi Police Service were unlawful because it was not channelled through the Ministry of Homeland Security, News24 reported.
This followed the Bushiris handing themselves over to the Lilongwe police after a notice was issued by Interpol Pretoria. This notice came after the couple recently fled South Africa, breaking their bail conditions in a fraud and money laundering case before the Pretoria Magistrate's Court, News24 reported.
Their bail had since been revoked and their Centurion estate was forfeited to the State after the pair were a no-show in the South African lower court.
The Bushiris and their co-accused Landiwe Ntlokwana, Zethu Mudolo and Willie Mudolo are facing charges of theft, fraud and money laundering in connection with an investment scheme to the alleged tune of R102 million.
News24 also reported that the National Prosecuting Authority and the Hawks were given two weeks to finalise the formal extradition request, according to Justice and Correctional Services Minister Ronald Lamola in an earlier report.
The matter in Malawi has been postponed to 14 December 2020.
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