The High Court in Lilongwe Friday overturned a previous ruling that ordered the extradition of Prophet Shepherd Bushiri and his wife Mary to South Africa.
The decision sets aside the committal order issued by the Chief Resident Magistrate on March 12, 2025.
The South African government had requested Bushiri’s extradition to face charges including fraud, money laundering, and rape.
However, the High Court has ruled that the Chief Resident Magistrate’s decision to extradite the couple was flawed, stating that the conclusion didn’t follow from the premises of the case.
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Judge Mzondi Mvula made the judgement, criticising the Chief Resident Magistrate ruling for lacking gravity and failing to properly consider the case.
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The High Court said the Chief Resident Magistrate ruling did not grant the Bushiri the right to be heard.
“The Magistrate delivered a ruling after hearing only the case of the respondent. Even in extradition proceedings, where hearing is opted, both sides ought to be heard,” it reads.
It said the earlier ruling condemned Bushiris while it gave them no chance to speak.
It further quashed the evidence provide to support South Africa’s request for the Bushiris to be extradited and questioned its authenticity
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It dismissed most of the grounds for extradition, citing errors in the earlier decision.
“Looking at the basis of the request to extradite, the offences date back to 2015.There was five years gap in between. No account occured why the commencement only in 2020. This may be deemed as it came in bad faith,” the judgement added.
Bushiri and his wife had been fighting the extradition order, claiming they wouldn’t receive a fair trial in South Africa.
The case has been ongoing since 2020, when the Bushiris fled South Africa after being charged with various offences.
While they were in South Africa, the Bushiris appeared before court to answer several criminal charges. The skipped bail and escaped to Malawi.
The South African government hailed the March ruling.
“The decision reaffirms judicial independence, international co-operation and public trust in the South African and Malawian legal institutions,” South Africa’s Department of Justice and Constitutional Development was quoted by country’s TimesLive as saying.
It further said it would oppose any appeal against the extradition order.
“The South African government will oppose the appeal. The department will await the outcome of the appeal process if they proceed. If the couple choose not to pursue the appeal, the department will await formal notification from the central authority of Malawi.
“Once received, Interpol, in collaboration with South African police, will co-ordinate the transfer arrangements and logistics. The state will cover all associated costs,” it said.
