The High Court of Malawi delivered a major setback to South Africa’s efforts to extradite Shepherd Bushiri and his wife, Mary, on Friday, setting aside an earlier ruling that had cleared the way for their return to face charges.
The decision is a blow to the South African government and the National Prosecuting Authority (NPA), which have pursued the couple for nearly five years on allegations of fraud, money laundering, and rape.
Justice Mzonde Mvula ruled that the extradition process initiated by Malawi’s Chief Resident Magistrate in March 2025 was “unlawful, procedurally flawed, and unconstitutional.”
The court found that the Bushiris were “denied the right to be heard” and that the evidence presented by South African authorities was “unreliable and improperly authenticated.”
The ruling effectively halts all extradition proceedings against the couple.
Justice Mvula criticised the lower court for delivering its ruling without hearing the Bushiris’ defence and relying on what he described as “hearsay and defective documents.”
He said that in extradition matters, both parties must be afforded the opportunity to present their case.
“Even in extradition proceedings, where hearing is opted, both sides ought to be heard,” Mvula said.
The High Court also raised concerns about the safety of the couple if they were returned to South Africa, citing a previous bomb attack on their vehicle and reports of xenophobic threats and police extortion.
“The right to life is more paramount than availability to face trial,” Mvula said in his judgment, adding that the request was “tainted by bad faith, political motivation, and oppressive delay.”
Legal experts in Malawi have described the verdict as a reaffirmation of judicial independence and due process.
“This is not just a legal win for the Bushiris,” one senior lawyer told Malawi24.
“It’s a reminder that human rights cannot be set aside for political convenience.”
The ruling is the latest twist in a legal battle that began in 2020 when the Bushiris fled South Africa for Malawi, claiming their lives were in danger.
They were facing multiple charges, including violations of South Africa’s Financial Advisory and Intermediary Services Act. Additional allegations of rape were later added to the docket.
The Chief Resident Magistrate’s Court in Lilongwe had ruled in March this year that the couple should be extradited and remain in custody pending their transfer.
South Africa’s Department of Justice welcomed that decision at the time, calling it “a milestone in international legal cooperation.”
However, the Bushiris immediately appealed, arguing that the process violated Malawi’s Constitution.
Justice Mvula’s judgment found several inconsistencies in the extradition documents, including altered copies of South African court papers and unauthenticated evidence.
Some of the charges, he noted, were “invented” at the lower court level, with Mary Bushiri facing a count of “immigration-related forgery” that did not appear in the original request.
The court’s decision has been widely viewed as an embarrassment for South Africa’s criminal justice system, which has faced repeated delays and setbacks in the case.
The Department of Justice has yet to respond formally to the ruling.
For now, the Bushiris remain in Malawi, where they continue to lead their church, the Enlightened Christian Gathering (ECG).
