LILONGWE – The High Court of Malawi has overturned a magistrate’s decision to extradite self-proclaimed prophet Shepherd Bushiri and his wife Mary to South Africa, ruling that the lower court violated their right to a fair hearing and relied on improperly authenticated and hearsay evidence.
Justice Mzonde Mvula, sitting in the Lilongwe Criminal Division, issued the ruling on Friday, describing the earlier committal order as “procedurally improper” and “one-sided.”
The court found that the Bushiris were never given an opportunity to respond to the allegations brought by South African prosecutors and that the magistrate failed to provide legal reasoning for most of his conclusions.
“Applicants were denied the right to be heard,” Justice Mvula wrote in the 31 October order. “Even in extradition proceedings, where a hearing is opted, both sides to the case ought to be heard.”
The decision effectively halts South Africa’s long-running effort to have the couple sent back to face charges including fraud, theft, and money laundering linked to their Enlightened Christian Gathering (ECG) ministry.
The High Court said the magistrate had relied on hearsay testimony from a South African official who admitted to having no direct knowledge of the investigations and was unfamiliar with Malawian evidentiary standards.
It also found that the extradition documents were never properly authenticated, noting that the South African judge who certified them had only seen scanned copies, not originals — a breach of Section 13 of Malawi’s Extradition Act.
In a further blow to the prosecution, the court noted that Mary Bushiri was committed on a forgery charge that did not appear in the original extradition request, calling it “an unlawful invention.”
The ruling also criticised inconsistencies in the alleged rape charges against Shepherd Bushiri, saying the magistrate failed to identify which counts were valid or link them to specific complainants.
Justice Mvula said the request was “tainted by bad faith, political motivation, and oppressive delay,” adding that the Bushiris had faced extortion, xenophobia, and even an alleged car bomb attempt while in South Africa.
“The right to life is more paramount than availability to face trial,” the judge said, faulting South African authorities for failing to guarantee the couple’s safety if extradited.
The High Court invoked its supervisory powers under the Courts Act and Criminal Procedure and Evidence Code, ruling that the magistrate misapplied the law and failed to uphold constitutional safeguards.
“The conclusion the magistrate arrived at to extradite does not follow from the premises,” Justice Mvula ruled, setting aside the March 12 committal order.
The judgment, described by the court as a “landmark decision,” ends South Africa’s current extradition bid, though prosecutors could restart the process if they comply with Malawi’s procedural standards.
The Bushiris fled South Africa in November 2020 while on bail, claiming they were victims of persecution and threats to their lives. Pretoria accuses them of defrauding congregants of millions of rand through investment schemes linked to their church.
The case has strained diplomatic relations between Lilongwe and Pretoria, with Malawi insisting that the couple’s constitutional rights must be fully respected before any extradition is considered.
