Malawi High Court Halts Bushiri Extradition to South Africa, Citing Flawed Process

In a significant legal development, the High Court of Malawi has overturned a lower court's decision that would have seen self-proclaimed prophet Shepherd Bushiri and his wife, Mary Bushiri, extradited to South Africa. The ruling, delivered on Friday, October 31, 2025, by Justice Mzonde Mvula in the Lilongwe Criminal Division, declared the earlier extradition order unlawful and unconstitutional.

Procedural Flaws and Unfair Hearing Cited

Justice Mvula's judgment meticulously dismantled the previous ruling by the Chief Resident Magistrate's Court in Lilongwe from March 12, 2025. The High Court found that the extradition process was riddled with legal irregularities and procedural flaws. Key among the reasons for setting aside the order was the finding that the Bushiris were denied their fundamental right to be heard and to present their side of the story.

The court highlighted several critical issues:

• The previous hearing was deemed 'one-sided' and 'procedurally improper'.
• The magistrate failed to provide adequate legal reasoning for most of the conclusions.
• South African prosecutors relied on improperly authenticated and hearsay evidence.
• Extradition documents were not properly authenticated, with a South African judge reportedly only seeing scanned copies rather than originals, a breach of Section 13 of Malawi's Extradition Act.
• Mary Bushiri was committed on a forgery charge that was not part of the original extradition request.
• Inconsistencies were noted in the alleged rape charges against Shepherd Bushiri.

Justice Mvula was quoted stating, 'The right to life is more paramount than availability to face trial,' referencing the Bushiris' claims of threats to their safety.

Background to the Charges and Flight

The Bushiris are wanted in South Africa to face serious charges including fraud, money laundering, and theft, with the fraud and money laundering case alone involving an amount of R102 million (approximately $5.5 million USD). Additional charges of rape have also been leveled against Shepherd Bushiri.

The couple fled South Africa in November 2020, shortly after being granted bail, claiming they feared for their lives and that they would not receive a fair trial due to alleged bias in the South African justice system. They have since remained in Malawi.

Reactions and Future Implications

Following the High Court's decision, the Bushiris' legal team, led by Wapona Kita, expressed satisfaction, calling it a 'landmark' victory. Shepherd Bushiri himself took to social media to thank God and his lawyers, describing the outcome as a 'triumph of justice over injustice'.

The ruling means the couple will not be extradited to South Africa for now, allowing them to remain free in Malawi. The South African government is reportedly studying the ruling, and an appeal remains a possibility, potentially prolonging the legal saga. Previously, South Africa's Minister of Justice and Constitutional Development, Mmamoloko Kubayi, had dismissed the Bushiris' appeals as delaying tactics.

In recent statements, Shepherd Bushiri has also made claims of corruption against a 'Hawks general' named Sibiya, alleging demands for a 'protection fee' to make his case disappear.