A Malawian court has set aside an order allowing internationally renowned man of the cloth, Prophet Shepherd Bushiri and his wife, Mary, to be sent back to South Africa to face criminal prosecution .
The High Court in Malawi ruled that serious legal and procedural shortcomings affected the extradition proceedings.
High Court Judge Mzonde Mvula overturned the order in a 175-page judgment handed down on Wednesday 14 October , following an appeal by the couple. The original extradition order was granted in March 2025.
Bushiri and his wife left South Africa in 2020 while on bail in a criminal case involving allegations of fraud, theft and money laundering amounting to more than R102 million.
In its judgment, the high court in Lilongwe found that the couple had not been given an opportunity to present its defence before the extradition order was issued. The court considered this failure serious enough to invalidate the proceedings.
Lawyer Wapona Kita, who represents the couple, said the ruling meant the Bushiris could not be extradited under the order that had now been overturned.
Kita explained that the extradition matter could only be pursued further if the Malawian state decided to appeal the judgment.
“For now, Prophet Bushiri and his wife will no longer be extradited to South Africa,” he said.
Reacting to the judgment, Bushiri described the outcome as a victory for the couple, saying the courts had addressed concerns they had previously raised about the case.
These concerns, he said, included what he viewed as insufficient evidence against them and the use of witnesses whose identities had not been disclosed.
Bushiri further argued that evidence presented against the couple had been dismissed because it allegedly relied on hearsay instead of verifiable proof.
He also accused South Africa of exposing the couple to xenophobic hostility, citing alleged protests outside their church where demonstrators called for them to leave the country.
Bushiri went on to question the conduct of South African police, alleging that he had been subjected to extortion by senior members of the police force.
The revered man of God also raised concerns about corruption allegations involving senior police officials who had reportedly been linked to the couple’s arrest.
“It is concerning that some of the police generals involved in our arrest have reportedly since been arrested or dismissed over other corruption allegations,” he said.
“This raises serious questions about accountability and justice.”
South Africa’s Department of Justice and Constitutional Development is expected respond to the judgment on Thursday.
