Lilongwe – The High Court of Malawi has overturned the extradition of self-proclaimed prophet Shepherd Bushiri and his wife Mary to South Africa, citing risks to their safety and flaws in the legal process.
Justice Mzonde Mvula delivered the ruling on Friday, October 31, 2025, setting aside a March decision by the Chief Resident Magistrate’s Court in Lilongwe that had ordered the couple to await surrender to South Africa. The couple faces fraud, money laundering, and rape allegations there.
Bushiri and his wife fled South Africa in November 2020 after being granted bail during their trial over fraud and money laundering amounting to R102 million. Bushiri argued his life would be at risk if returned.
Mvula found that the lower court failed to properly exercise judicial discretion, relying heavily on hearsay evidence and ignoring key objections from the Bushiris. “Only one out of eight issues under consideration was properly analysed,” he said, noting that threats to their lives and improper document authentication were overlooked.
The court also pointed out that the magistrate committed Mary Bushiri on a charge not listed in the official extradition request and that evidence related to rape allegations was legally insufficient. Mvula described the extradition request as “tainted by bad faith, political motivation, and oppressive delay,” referencing a five-year gap between the alleged offences in 2015 and the charges in 2020.
Safety concerns played a major role in the decision, including a reported bomb attack on a Mercedes Benz E 200 recently used by the couple. “The right to life is more paramount than availability to face trial,” the judge said.
Citing the Criminal Procedure and Evidence Code, Section 353(2)(a)(ii), the High Court nullified the committal order, ruling that the magistrate’s conclusion did not legally justify extradition.
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