Africa-Press – Malawi. Prophet Shepherd Huxley Bushiri and his wife, Mary, have won a major legal victory after the High Court in Lilongwe overturned a lower court’s decision that ordered their extradition to South Africa.
Delivering a detailed ruling on Friday, Justice Mzonde Mvula of the Lilongwe Criminal Division quashed the March 2025 committal order by the Chief Resident Magistrate, declaring that the extradition process was riddled with legal irregularities, procedural flaws, and breaches of the couple’s fundamental rights.
The ruling means that the Bushiris—who fled South Africa in 2020 citing threats to their lives—will not be extradited to face trial in that country, at least for now.
Procedural injustice and unfair hearing
Justice Mvula faulted the magistrate for conducting a one-sided hearing, noting that the couple was denied their constitutional right to be heard.
“The hearing was one-sided. The applicants were never given the opportunity to present their side of the story,” said the judge, emphasizing that even persons under arrest deserve to be heard before any judicial decision is made.
He said the magistrate “condemned them as if they have no voice to the allegations against them,” contrary to the principles of natural justice and the Malawian Constitution.
Flawed evidence and improper documents
The High Court also found that the documents submitted by South Africa to support the extradition request were improperly authenticated and could not be relied upon.
Justice Mvula said the authentication by South African judge Ann Schyff was invalid because she only saw scanned copies, not the originals, as required by law.
He further ruled that the witness from South Africa relied heavily on hearsay evidence, which is inadmissible under Malawian extradition law.
“No direct evidence from complainants or investigators was presented. This is a dangerous trajectory and, to say the least, clutching at straws,” he wrote.
Concerns of bad faith and political motives
The court also raised serious concerns about the motives behind the extradition request, citing “bad faith, political motivation, and oppressive delay.”
Justice Mvula noted that the charges dated as far back as 2015, yet no action was taken until 2020, despite the Bushiris living openly in South Africa.
He said the couple’s fears of xenophobia, extortion, and threats to their lives were legitimate, referencing an incident in which their car was bombed.
“The right to life is more paramount than availability to face trial,” the judge said, criticizing the South African authorities for failing to guarantee the Bushiris’ safety.
Court sets aside extradition order
In the end, Justice Mvula invoked section 353(2)(a)(ii) of the Criminal Procedure and Evidence Code to set aside the extradition order, declaring that the magistrate’s decision “does not follow from the premises on which extradition is sought.”
He said the lower court “failed to exercise judicial discretion correctly” and “lacked brevity to stand by the course of justice.”
A historic ruling
The ruling marks a turning point in the long-running legal and diplomatic battle between Malawi and South Africa over the self-proclaimed prophet’s extradition.
Legal experts have described the decision as a landmark case in Malawi’s extradition jurisprudence, reinforcing judicial independence and the protection of constitutional rights.
As of now, the Bushiris remain free in Malawi, their adopted home since their dramatic return from South Africa five years ago.
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