SA Reviews Malawi Court’s Decision Blocking Extradition of Shepherd Bushiri

South Africa's Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has acknowledged the recent ruling by the High Court of Malawi, which has denied South Africa's request to extradite self-proclaimed prophet Shepherd Bushiri and his wife, Mary Bushiri. The decision marks a new chapter in the long-running legal and diplomatic saga surrounding the couple, who fled South Africa in 2020 while out on bail.

High Court Overturns Extradition Ruling

The High Court's decision effectively overturns an earlier ruling by the Lilongwe Magistrates' Court, which had previously approved South Africa's request for the Bushiris' extradition. The court cited procedural and legal concerns in rejecting the latest application, though the full judgment has yet to be publicly released.

Minister Kubayi's department issued a statement confirming that the South African government is now studying the court's reasoning and will consider its next legal and diplomatic steps once a comprehensive assessment of the judgment has been completed.

"Minister Kubayi has indicated that the South African Government is studying the judgement and will determine the next legal course of action once a full assessment of the ruling has been concluded," the statement read.

The Bushiris' Legal Troubles in South Africa

The Bushiris, founders of the Enlightened Christian Gathering (ECG) Church, face a long list of charges in South Africa. These include:

• Rape

• Contraventions of the Financial Advisory and Intermediary Services Act

• Violations of the Banking Act and Immigration Act

• Breaking bail conditions after fleeing the country

The couple fled South Africa in November 2020, claiming that their lives were in danger and alleging unfair treatment by the South African justice system. Their escape sparked public outrage and raised questions about how they managed to leave the country while under strict bail conditions.

Diplomatic and Legal Ramifications

The extradition process has since become a test of cross-border legal cooperation between South Africa and Malawi. Minister Kubayi emphasized that South Africa continues to respect Malawi's independent judicial processes but remains determined to ensure accountability and justice.

"Minister Kubayi expresses confidence in the strength and independence of both South Africa and Malawi's judicial frameworks and reaffirmed the importance of continued diplomatic engagement and cooperation between the two countries," the statement said.

The Department of Justice and Constitutional Development, which serves as South Africa's Central Authority for international legal cooperation, will continue to work closely with Malawian counterparts to explore all lawful avenues to bring the Bushiris back to face trial.

Commitment to Justice and Rule of Law

Kubayi reiterated that South Africa remains unwavering in its commitment to uphold the rule of law, particularly in high-profile cases involving allegations of corruption, fraud, and exploitation. "The Department will continue to collaborate with its Malawian counterpart to ensure that justice prevails, combat corruption, and strengthen mechanisms for cross-border cooperation in criminal matters," the Minister affirmed.

The case has drawn significant regional attention, highlighting broader issues of extradition enforcement, judicial independence, and regional justice cooperation within the Southern African Development Community (SADC). Legal analysts note that the outcome could influence future extradition protocols between member states, especially in cases involving politically sensitive or religious figures.

A Continuing Legal Battle

While the High Court's decision represents a setback for South African authorities, it is unlikely to mark the end of the road. The Department is expected to review possible appeals or alternative legal pathways, including diplomatic interventions, to ensure that the Bushiris eventually face trial.

For now, the Bushiris remain in Malawi, continuing their ministry and business operations, while the South African government works to navigate the complex intersection of international law, sovereignty, and justice.