Malawi’s High Court on Friday overturned a lower court ruling that would have extradited self-proclaimed prophet Shepherd Bushiri and his wife Mary to South Africa to face fraud, money laundering and rape charges.
Justice Mzonde Mvula set aside the Chief Resident Magistrate Court’s March 12 decision, ruling that extradition proceedings were “unlawful and unconstitutional” and violated Malawi’s guarantees of fairness, equality and the right to life.
“The right to life is more paramount than availability to face trial,” Justice Mvula said in his ruling.
The decision blocks South Africa’s five-year effort to bring the couple back to stand trial on charges related to a R102 million fraud and money laundering case. Shepherd Bushiri also faces three rape charges.
The couple, who run the Enlightened Christian Gathering church with branches across Africa, fled to Malawi in November 2020 while on bail. They had been released on R200,000 bail each by the Pretoria Central Magistrate’s Court.
Justice Mvula ruled that the lower court had conducted a “one-sided hearing” that denied the Bushiris their constitutional right to be heard.
“The conclusion the Magistrate arrived at to extradite does not follow from the premises on which extradition is sought,” the judge ruled. “The decision cannot stand in law.”
The court cited procedural flaws, insufficient evidence and concerns about “bad faith, political motivation, and oppressive delay” in the extradition request.
Justice Mvula noted that charges dated back to 2015 but no action was taken until 2020, despite the Bushiris living openly in South Africa. He referenced an incident where their car was bombed when considering their safety concerns.
South African Justice Minister Mmamoloko Kubayi had previously expressed confidence that authorities would pursue the couple through Interpol if they attempted to escape to another country.
“If [the Bushiris] do, then they are on Interpol. So, if they move to another country, we’ll go and look for them and bring them back,” Kubayi said following the March ruling.
The South African government had welcomed the lower court’s March decision as demonstrating “the strength of both countries’ judicial frameworks and diplomatic engagements.”
Legal experts described Friday’s ruling as reinforcing Malawi’s judicial independence and constitutional protections.
The Bushiris remain free in Malawi, where they have resided since their 2020 flight from South Africa.
