Shepherd Bushiri and His Wife Win Extradition Case as Malawi High Court Overturns Ruling

• The High Court of Malawi overturned a lower court's decision that had approved Shepherd and Mary Bushiri's extradition to South Africa
• Justice Mzonde Mvula ruled that the extradition proceedings were procedurally flawed and violated the Bushiris' constitutional rights
• The ruling means Shepherd and Mary Bushiri will not return to South Africa to face trial

It seems that Malawian cleric Shepherd Bushiri and his wife, Mary, will not be extradited to South Africa to face justice any time soon. This comes as the High Court of Malawi ruled in favour of the Bushiris, overturning a lower court's earlier ruling.

The High Court of Malawi set aside a lower court’s decision that would have seen Shepherd and Mary Bushiri extradited to South Africa. In his ruling delivered on Friday, 31 October 2025, Justice Mzonde Mvula said the proceedings against the Bushiris were procedurally flawed and violated Malawi’s constitutional guarantees of fairness, equality and the right to life.

Read also

AKA murder case: New legal twist as Ndimande brothers abandon court fight in Eswatini

“The right to life is more paramount than the availability to face trial. The Magistrate did not balance the plight of applicants who, time and again, fell victim to extortion by the Police of Gauteng Province, who persisted in serious threats of intimidation and kidnapping, rather than face charges to play along. All in all, the ‘hearing’ was one-sided. Applicants were never allowed to present their side of the story. Even a person under arrest before trial is asked about any allegations pending,” Justice Mvula said.

Malawi High Court blocks Shepherd Bushiri's extradition

In his ruling, Justice Mvula overturned a 12 March 2025 decision by the Chief Resident Magistrate’s Court, which ordered Shepherd and Mary Bushiri’s committal to prison pending their surrender to South Africa.

“Under section 353(2)(a)(ii) of the Code, the High Court sets aside the committal order of 12°' March 2025, made by the Magistrate extraditing Shepherd Huxley Bushiri and Mary Bushiri to the Respondent. The conclusion the Magistrate arrived at to extradite does not follow from the premises extradition is sought. The Magistrate lacked the brevity to stand by the course of justice to dismiss the request entirely for reasons explained above. Dismissing all but three grounds was only a good starting point. We have completed what was omitted to be done, “part of the ruling reads.

The ruling by Justice Mzonde Mvula effectively halts South Africa’s long-standing efforts to have Shepherd and Mary Bushiri return to the country to face serious charges that include forgery, rape and fraud, among others. It is unclear at the time of writing whether South Africa will appeal or seek other legal options.

Read also

SAPS fears Vusimuzi Matlala's release could have endangered lives, SA questions KT Molefe’s bail

Mzansi links Floyd Shivambu to Shepherd Bushiri again

Meanwhile, Briefly News reported that South Africans linked Floyd Shivambu's new political party to Shepherd Bushiri.

A popular social media user linked the party to Shepherd Bushiri due to the logo design and imagery used. Netizens questioned whether Bushiri was funding the Afrika Mayibuye Movement, while others explained the symbolism behind the logo.

Source: Briefly News