After the Malawian government applied for his extradition in 2012, he was found to be extraditable by the Rustenburg Magistrate\u2019s Court.<\/p>\n
Chanthunya challenged the ruling in the North West High Court in Mafikeng, arguing that capital punishment remains on the Malawian statute book.<\/p>\n
South African law prohibits the extradition of murder suspects to countries that allow capital punishment, unless their governments give an undertaking that it will not be applied.<\/p>\n
Malawi has not judicially executed anyone since independence in 1964.<\/p>\n
Chanthunya argued that the assurance given by former president Bingu wa Mutharika that he (Chanthunya) would not be executed was no longer valid because a new president, Joyce Banda, was then in office.<\/p>\n
Spokesperson for Malawi\u2019s ministry of justice and constitutional affairs Apoche Itimu told amabhungane that \u201con the issue of assurance, our response hasn\u2019t changed\u201d.<\/p>\n
In May 2013 the High Court dismissed his appeal.<\/p>\n
Chanthunya then applied for leave to appeal against the court\u2019s ruling, but withdrew the application.<\/p>\n
In September 2014, Masutha signed an order requiring Chanthunya\u2019s surrender to the Malawian authorities under section 11 of the Extradition Act.<\/p>\n
He responded by requesting reasons and the record of the minister\u2019s decision, which Masutha provided.<\/p>\n
He has now launched a formal application to overturn Masutha\u2019s order.<\/p>\n
\u201cThe Minister filed an affidavit and the matter must now be placed in the South Gauteng High Court for trial. We await a trial date,” said justice ministry spokesperson Mthunzi Mhaga.<\/p>\n
Mhaga said that whatever the outcome of his latest court action, it would still be open to Chanthunya to appeal against the High Court\u2019s decision.<\/p>\n
Businessman Misozi Chanthunya has made a third application to the South African courts aimed at blocking his extradition to his home country.<\/p>\n","protected":false},"author":2,"featured_media":22379,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-4808","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-stories"],"acf":[],"_links":{"self":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/4808","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/comments?post=4808"}],"version-history":[{"count":1,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/4808\/revisions"}],"predecessor-version":[{"id":30678,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/4808\/revisions\/30678"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media\/22379"}],"wp:attachment":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media?parent=4808"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/categories?post=4808"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/tags?post=4808"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![](\"https:\/\/amabhungane.org\/wp-content\/uploads\/2018\/03\/250x106.jpg\")
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