Magistrate Patrick Chirwa in Malawi has dismissed the recusal application made by Shepherd and Mary Bushiri’s legal team.
Their attorney argued in the magistrate’s court in Malawi that Chirwa was biased.
The pair returned to court for their formal extradition hearing.
They fled South Africa last year, claiming they fear for their lives. Bushiri and his wife are wanted in South Africa on money laundering, theft and fraud charges.
The defence also filed a notice, asking the Malawian court to view the extradition proceedings as civil proceedings instead of criminal. The state objected to the application.
The matter has been postponed to next Monday.