High Court halts Bushiris’ extradition, citing major legal flaws, unfairness

The High Court of Malawi has delivered a massive legal victory for Prophet Shepherd Bushiri and his wife, Mary, overturning a lower court’s ruling that had approved their extradition to South Africa.

Justice Mzonde Mvula on Friday set aside the March 12 2025, ruling by the Chief Resident Magistrate’s Court in Lilongwe, saying the entire extradition process was fundamentally flawed, procedurally improper and ultimately unfair.

The Bushiris were sought in South Africa to face charges including rape, forgery, fraud, and jumping bail after their dramatic escape in 2020. The couple’s return is now blocked, pending any further appeal or legal challenge by South African authorities.

Mvula’s ruling systematically dismantled the lower court’s proceedings, asserting that the magistrate had violated the couple’s constitutional rights.

The judge found the couple was effectively denied their basic right to be heard and that the magistrate failed to properly examine key evidence.

“The applicants were denied the right to be heard. No charge was read to the applicants; no explanation of their rights was given, condemning them as if they have no voice to the allegations against them,” reads the summary ruling in part.

The court identified multiple problems with how the case was handled.

The judge noted that the magistrate had made a decision after hearing only South Africa’s side of the story, adding that important legal arguments raised by the Bushiris’ lawyers were dismissed without proper consideration.

Justice Mvula also raised concerns about the evidence presented by South African authorities. He found that documents used to support the extradition request were not properly authenticated.

The judge observed that a South African judge had only seen scanned copies of documents, not originals, when asked to certify them.

Said Mvula:”The law requires authentication by a judge or official of the requesting State. This never happened in the extradition request of the present applicants.”

The court also questioned the reliability of evidence presented, saying that South Africa’s main witness relied on information from investigators who themselves had gathered details from complainants.

According to the ruling, no direct evidence from victims or investigators was presented to support the extradition request.

The judgment also highlighted safety concerns for the Bushiris if returned to South Africa, saying that the court noted that the couple’s vehicle had been destroyed in a bomb attack shortly after they had stepped out of it.

The judge also suggested that the extradition request might be politically motivated, pointing out that the Bushiris had lived openly in South Africa for years before suddenly facing charges in 2020 for offences dating back to 2015.

The court also found that Mary Bushiri had been committed on a charge of “immigration-related forgery” that never appeared in the official extradition request, meaning the magistrate had invented or expanded charges beyond what was formally submitted.

In an interview yesterday, Bushiri’s lawyer Wapona Kita expressed satisfaction with the outcome.

“I am happy with the outcome of the case. The honourable judge has restated the correct position of the law in extradition proceedings. It’s an important victory to our client.”

The couple’s ‘great’ escape from the rainbow nation remains a mystery and nearly caused a diplomatic row following allegations that the charismatic prophet and his wife were smuggled into Malawi through State machinery.

(Additional reporting Precious Chilundu, Contributor)