The South African Government says it is studying the judgement of the High Court of Malawi that overturned a magistrate’s court decision ordering the extradition of Prophet Shepherd Bushiri and his wife, Mary, to answer charges.
South Africa’s Minister of Justice and Constitutional Development Mmamoloko Kubayi said in a statement on Saturday that they will decide on the next course of legal action after making a full assessment of the judgement.
“The minister reaffirmed that South Africa remains steadfast in pursuing all available legal avenues to ensure that justice is ultimately served,” reads the statement.
Kubayi expressed confidence in the strength and independence of both South Africa and Malawi’s judicial frameworks.
She further emphasised that her ministry will continue to work closely with Malawian authorities to ensure that justice prevails, combat corruption and strengthen mechanisms for cross-border cooperation in criminal matters.
The Bushiris are wanted in South Africa to face charges, including rape, forgery, fraud and jumping bail following their dramatic escape from that country in 2020.
On Friday, High Court of Malawi Judge Mzonde Mvula set aside the March 12 2025 ruling by the Lilongwe Chief Resident Magistrate’s Court, saying the entire extradition process was fundamentally flawed, procedurally improper and ultimately unfair.
The judge said he also found that the Bushiris were effectively denied their basic right to be heard and that the magistrate failed to properly examine key evidence.
Bushiri’s lawyer Wapona Kita told Nation on Sunday that the ruling marked an important victory for his client, saying the Judge had reaffirmed the correct position of the law in extradition proceedings.
