South Africa
South Africa’s Justice and Constitutional Development Minister Mmamoloko Kubayi has announced that the government is carefully examining a recent Malawi High Court decision that halted the extradition of controversial religious leader Shepherd Bushiri and his wife Mary to face trial in South Africa. The ruling, delivered on Friday, 31 October 2025, overturned a lower court’s order, citing legal and procedural flaws. This development marks a significant setback for South African authorities, who have been seeking the couple’s return since they fled the country in 2020 while on bail for serious chacrges. Kubayi reaffirmed the nation’s commitment to ensuring accountability, signalling that all legal options remain on the table to bring the Bushiris back.
High Court Finds Extradition Process Flawed
The Malawi High Court, presided over by Justice Mzonde Mvula, ruled that the magistrate’s earlier decision to approve the extradition was “legally unsound, procedurally unfair, and failed to meet the requirements of Malawian law.” The court highlighted that the process denied the Bushiris their constitutional right to a fair hearing and relied on evidence that lacked proper authentication. Additionally, the judgment noted the lower court’s failure to adequately address the couple’s concerns about their safety if returned to South Africa.
This outcome follows years of legal wrangling. The Bushiris, who lead the Enlightened Christian Gathering church, were arrested in South Africa in October 2020 on charges including fraud, theft, money laundering, and rape, stemming from alleged schemes that defrauded followers of more than R100 million through investment scams and church-related activities. Granted bail, they violated conditions by fleeing to Malawi, their home country, prompting an international arrest warrant and extradition request under a bilateral treaty.
Malawian authorities detained them in November 2020, but the case has seen multiple appeals and delays. In March 2025, a Lilongwe magistrate had ruled in favour of extradition, finding sufficient grounds based on South Africa’s submissions. The High Court’s reversal now leaves the matter open, with potential for South Africa to appeal to Malawi’s Supreme Court.
Minister Kubayi’s Response: Commitment to Accountability
Minister Kubayi, through departmental spokesperson Terrence Manase, confirmed that South Africa is reviewing the judgment to determine the next steps. “The South African Government is studying the judgment and will determine the next legal course of action once a full assessment of the ruling has been concluded,” Manase stated. Kubayi emphasised the importance of pursuing justice, adding that the nation “remains steadfast in pursuing all available legal avenues to ensure that justice is ultimately served.”
The minister expressed confidence in the judicial systems of both countries and highlighted the need for ongoing diplomatic cooperation. “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,” Manase said. The Department of Justice, as the central authority for extraditions, plans to work closely with Malawian counterparts to combat corruption and enhance cross-border criminal justice mechanisms.
Bushiris Celebrate ‘Victory’ Amid Ongoing Allegations
The Bushiris have hailed the ruling as a triumph, with Shepherd Bushiri thanking supporters and attributing it to divine intervention. In a statement, he reiterated claims of persecution in South Africa, suggesting the charges are politically motivated to dismantle his ministry. The couple has rebuilt their lives in Malawi, where their church continues to thrive, drawing thousands for services focused on miracles, healings, and prosperity teachings.
However, South African prosecutors remain undeterred. The National Prosecuting Authority (NPA) has described the case as robust, involving evidence of a Ponzi scheme that exploited vulnerable church members. Victims have expressed frustration over the delays, with some calling for renewed efforts to bring the couple to trial. The Bushiris’ flight in 2020, using a private jet while under bail conditions prohibiting international travel, has also raised questions about how they evaded authorities.
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