LILONGWE — In a dramatic turn of events, the High Court of Malawi has overturned the extradition order of Prophet Shepherd Bushiri and his wife, Mary, declaring that the entire process was legally defective, unfair, and posed a threat to their lives.
Delivering the landmark judgment, Justice Mzonde Mvula ruled that the earlier decision by the Chief Resident Magistrate’s Court to extradite the couple to South Africa “fell short of the principles of justice” enshrined in Malawi’s legal system. He found that the magistrate’s court had denied the Bushiris a fair hearing, relied on hearsay evidence, and admitted improperly authenticated documents.
“The lower court erred in law and in fact,” Justice Mvula said in his ruling. “The respondents’ right to be heard was compromised, and the evidence presented did not meet the threshold required under our Extradition Act.”
The High Court further criticised South African authorities for what it described as “bad faith” and unreasonable delays in handling the matter. Mvula highlighted that more than five years had passed between the alleged offences and the eventual extradition request — a lapse that, in his view, raised serious questions about intent and procedural fairness.
Perhaps most strikingly, Justice Mvula underscored that the couple’s right to life outweighed the need for their return to face trial, referencing an alleged bomb attack on the Bushiris’ car in 2021. “The right to life is more paramount than the availability of an accused person to face trial,” he declared, drawing applause from supporters gathered outside the courthouse.
The ruling effectively nullifies the March 2025 order issued by the Chief Resident Magistrate’s Court in Lilongwe, which had approved the Bushiris’ extradition to South Africa. Authorities there sought to prosecute the couple on multiple charges — including fraud, money laundering, and rape — linked to their church operations and business ventures.
Malawi High Court Blocks Bushiri Extradition, Citing Legal Flaws and Safety Risks
Prophet Shepherd Bushiri, often referred to by his followers as Major 1, fled South Africa in November 2020 while on bail, claiming he and his wife were victims of political persecution and targeted attacks. The couple resurfaced in Malawi shortly after, sparking a diplomatic standoff between Lilongwe and Pretoria.
Bushiri maintained that he could not be guaranteed a fair trial or personal safety in South Africa. His legal team argued that his previous experiences with South African law enforcement were marred by intimidation and corruption. The High Court appeared to agree, emphasising that extradition must never compromise human rights or expose an individual to harm.
The judgment is being hailed as a major legal victory for the Bushiris and a potential test case for regional extradition protocols within the Southern African Development Community (SADC). Legal analysts say the ruling underscores Malawi’s judicial independence and commitment to due process, even when dealing with high-profile and politically sensitive cases.
“This decision reinforces the principle that extradition is not automatic,” said Blantyre-based legal scholar Dr. Grace Chirwa. “It must comply with constitutional safeguards, including the protection of life, fairness, and the integrity of evidence.”
However, South African authorities are reportedly reviewing their options and may lodge a formal diplomatic protest or appeal. Officials from South Africa’s Department of Justice expressed disappointment, suggesting the ruling could embolden other fugitives to exploit legal loopholes.
The Bushiris, meanwhile, celebrated the outcome as a vindication of their claims of victimisation. Speaking briefly to reporters outside the courtroom, Prophet Bushiri thanked his supporters and reaffirmed his trust in Malawi’s justice system. “We have always believed in truth and justice,” he said. “Today, the court has spoken. We thank God for His mercy and for protecting our lives.”
Known for his charismatic preaching style and lavish lifestyle, Bushiri has built a massive religious following across southern Africa through his Enlightened Christian Gathering (ECG) Church. Before his legal troubles began, he was one of the continent’s most recognisable faith leaders, drawing thousands to his crusades and amassing considerable wealth through his ministry and related businesses.
His downfall began in 2019 when South African authorities accused him and his wife of defrauding congregants and investors of over R102 million (about £4.5 million) through dubious investment schemes. The couple was arrested and later released on bail, but fled before their trial could begin, claiming they feared for their lives.
The High Court’s latest decision not only shields the couple from extradition but also adds another layer of complexity to the ongoing diplomatic relations between Malawi and South Africa. With the case now closed in Malawi’s courts, it remains uncertain whether Pretoria will pursue further legal channels or seek an alternative resolution through regional mechanisms.
For now, the ruling marks a significant victory for the Bushiris — a reaffirmation that in Malawi’s eyes, justice and human rights cannot be sacrificed at the altar of political pressure.
Source- NehandaRadio
