Malawi's High Court has set aside the order to extradite self-styled prophet Shepherd Bushiri and his wife, Mary, to South Africa, where they face fraud, money laundering and theft allegations. The couple are presumed innocent and the charges have not been tested in a South African court.
According to reports of the 175-page judgment, the court found legal and procedural shortcomings, including that the couple were not given an opportunity to be heard before the order was issued. The order dates from March 2025.
Based on reports of the judgment; the full judgment has not been reviewed by The Insight Factor, and South Africa's response has not been reported.
What the couple say
Bushiri's lawyer, Wapona Kita, said the court gave full reasons after considering the couple's submissions and that the State's only route is an appeal. Bushiri welcomed the ruling, saying the court addressed their concerns about the evidence, and thanked supporters.
The couple say police opened fictitious cases to extort money, and cite attacks on the church. Bushiri has said they would return to South Africa only if their safety could be guaranteed and the investigating officers removed. These are the couple's claims; no court has ruled on them in the reports we reviewed.
Background
South Africa seeks the couple on allegations involving more than R102 million linked to the Enlightened Christian Gathering Church in Pretoria. They were arrested in October 2020 and left for Malawi in November 2020 while on bail, according to reports.
What we do not yet know
- Which judge heard the matter and the full grounds of the ruling.
- Whether South Africa will appeal, and whether the National Prosecuting Authority or Justice Department has commented.
- Whether the court ruled on the couple's objections to anonymous witnesses and hearsay.
- Whether the couple will return to South Africa.
