LILONGWE — The High Court of Malawi has dramatically overturned the extradition order of Prophet Shepherd Bushiri and his wife, Mary, ruling that the process was legally flawed, unjust, and endangered their lives. The judgment marks a major twist in the long-running legal saga involving one of southern Africa’s most controversial religious figures.
Delivering the ruling, Justice Mzonde Mvula said the Chief Resident Magistrate’s Court had “fallen short of Malawi’s legal standards” when it approved the couple’s extradition to South Africa earlier this year. He found that the lower court denied the Bushiris a fair hearing, relied heavily on hearsay evidence, and accepted improperly authenticated documents, violating the country’s Extradition Act.
“The lower court erred in law and in fact,” Justice Mvula stated in his written decision. “The respondents’ right to be heard was compromised, and the evidence presented did not meet the threshold required under Malawian law.”
The judge also accused South African authorities of acting in “bad faith” and delaying the process without justification. He noted that over five years had elapsed between the alleged offences and the submission of the extradition request — a delay he described as both unreasonable and prejudicial.
But perhaps the most striking part of the ruling was Justice Mvula’s emphasis on the Bushiris’ right to life, which he deemed paramount. Referring to a reported 2021 bomb attack on the couple’s vehicle, the judge said extraditing them to South Africa would expose them to “potential harm that the law cannot ignore.”
“The right to life is more paramount than the availability of an accused person to face trial,” Mvula declared, a statement that drew applause from the Bushiris’ supporters who had gathered outside the Lilongwe courthouse.
Malawi High Court Blocks Extradition of Prophet Bushiri and Wife to South Africa
The High Court’s ruling overturns the March 2025 order issued by the Chief Resident Magistrate’s Court, which had approved the couple’s extradition to face fraud, money laundering, and rape charges in South Africa. Authorities there allege that the Bushiris defrauded investors of about R102 million (approximately £4.5 million) through questionable business dealings linked to their church, the Enlightened Christian Gathering (ECG).
Prophet Shepherd Bushiri — popularly known to his followers as Major 1 — fled South Africa in November 2020 while out on bail. He claimed that he and his wife were victims of persecution, corruption, and threats to their lives. Their escape to Malawi sparked a diplomatic standoff between Pretoria and Lilongwe, as South Africa demanded their return.
Throughout the extradition proceedings, Bushiri’s legal team argued that his client’s safety could not be guaranteed if sent back. They cited multiple incidents of harassment and alleged attempts on his life while in South Africa. Justice Mvula’s judgment appeared to validate those fears, reinforcing that human rights take precedence over diplomatic pressure.
The ruling has been widely interpreted as a victory for the Bushiris and a test case for judicial independence in Malawi. Legal experts say the decision highlights the need for extradition processes within the Southern African Development Community (SADC) to respect constitutional rights.
“This judgment sends a powerful message that extradition cannot override fundamental freedoms,” said Dr. Grace Chirwa, a legal scholar based in Blantyre. “Even in high-profile cases, the rule of law and human dignity must come first.”
However, South African officials expressed frustration over the outcome. The country’s Department of Justice said it was reviewing its next steps and may explore a formal appeal or diplomatic engagement with Malawi. Some critics in South Africa warned that the decision could set a “dangerous precedent,” potentially encouraging fugitives to exploit legal loopholes.
Outside the courthouse, a jubilant Prophet Bushiri addressed reporters briefly, thanking his supporters and praising 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.”
The Bushiris, known for their lavish lifestyle, luxury vehicles, and global ministries, continue to command a massive following across southern Africa. Before his legal troubles, Bushiri was among the region’s most influential preachers, attracting tens of thousands to his sermons and broadcasting his services worldwide.
His critics, however, view him as a charismatic but controversial figure, accused of exploiting faith for financial gain. South African prosecutors allege that he and his wife used church-linked investment schemes to defraud members of their congregation.
The High Court’s decision adds a new layer of complexity to Malawi’s diplomatic relations with South Africa. Analysts say it could strain cooperation between the two countries on future cross-border legal matters, especially those involving prominent individuals.
While Pretoria may still seek an appeal through regional or international channels, legal experts doubt such efforts will succeed, given the strong human rights reasoning behind the judgment.
For now, the Bushiris are free from extradition — a reprieve that underscores the delicate balance between justice, sovereignty, and compassion in international law.
As one supporter outside the courthouse put it, “This is not just a win for the Bushiris — it’s a win for fairness.”
The ruling stands as a bold statement from Malawi’s judiciary: no matter how powerful the political pressure or how prominent the case, the principles of justice and the sanctity of life remain inviolable.
Source: Nehanda Radio
