Kita further requested that having received the determination, the resident magistrate should throw out the extradition request. When News24 previously probed Kita on what warranted this application, he responded: “It is on the grounds that the SADC (Southern African Development Community) protocol is not part of the laws of Malawi and therefore cannot be used; as a legal basis for extradition.” When approached again on Monday morning on whether he was using Stalingrad tactics to delay the hearing of the inquiry, he responded: “We are only doing that which the law allows us to do.” However, the State argues that there is a treaty between South Africa and Malawi from 1972 and the SADC Protocol of 2002.