Lilongwe, Malawi (5 November 2025) — The High Court of Malawi has ruled that controversial preacher Shepherd Bushiri and his wife Mary will not be extradited to South Africa, marking a decisive turn in the long-running legal saga that has gripped both nations.
Justice Mzonde Mvula on Friday overturned an earlier order by the Lilongwe Chief Resident Magistrate’s Court that had approved their extradition, citing serious legal flaws and safety concerns for the pair.
Court Cites Safety and Fair Trial Concerns
In his 74-page judgment, Justice Mvula stated that the magistrate’s ruling “relied on hearsay and unauthenticated evidence” from South African authorities and failed to uphold the Bushiris’ constitutional right to be heard (audi alteram partem).
“This court cannot in good conscience authorize extradition when the applicants’ safety and right to a fair hearing are under threat,” — Justice Mvula, High Court of Malawi.
The court also referenced previous incidents where the Bushiris claimed to have faced threats to their lives in South Africa, including alleged bomb attempts and intimidation.
As a result, the High Court declared the extradition “unlawful and unconstitutional,” effectively ending South Africa’s current bid to have the couple returned to face trial.
Background: From Pretoria to Lilongwe
The Bushiris, founders of the Enlightened Christian Gathering (ECG) Church, fled South Africa in November 2020 while out on bail for charges including fraud, money laundering, and rape. Their sudden departure sparked outrage and diplomatic tension between the two countries.
South Africa formally requested their extradition, and in March 2025, a magistrate’s court in Lilongwe ruled in favor of extradition. The Bushiris immediately appealed, arguing that they were unlikely to receive a fair trial and that their safety was at risk.
Reactions from Both Governments
South Africa’s Department of Justice confirmed it is “studying the judgment” to determine possible next steps.
“We respect the sovereignty of Malawi’s courts, but we will carefully consider our options, including a fresh extradition application,” — South African Justice Ministry spokesperson.
In Malawi, supporters of the Bushiris celebrated the decision as a victory for judicial independence and human rights. Legal experts, however, cautioned that the ruling does not amount to full exoneration but simply halts the current extradition process.
What This Means Going Forward
- For South Africa: The ruling represents a setback in its high-profile pursuit of the Bushiris. Authorities may need to submit a new extradition request that complies fully with Malawi’s procedural standards.
- For Malawi: The decision reinforces the independence of its judiciary, signaling that international cooperation will not override constitutional safeguards.
- For the Bushiris: The couple remain free in Malawi but could still face future legal challenges if South Africa renews its request.
“This is not the end — it’s just another chapter in a complex international legal story,” — Legal analyst at the University of Malawi.
The Bigger Picture
This ruling highlights growing tensions in cross-border justice between African nations, where extradition requests increasingly collide with domestic constitutional protections. Analysts say the case may set a precedent for how Malawi — and other African countries — handle politically sensitive extradition cases in the future.
