By Nigel Pfunde
LILONGWE — The High Court of Malawi has issued a final ruling blocking the extradition of self-proclaimed prophet Shepherd Bushiri and his wife Mary to South Africa, delivering a major setback to South African prosecutors seeking to try the couple on charges of fraud, money laundering, and theft exceeding R102 million.
The detailed judgment sets aside a lower court committal order, concluding that the legal process followed in Malawi was fundamental flawed, one-sided, and violated the couple’s fundamental constitutional rights.
In its decision, the High Court emphasized that the magistrate court had breached the principle of audi alteram partem—the right to be heard—by issuing the initial extradition order after receiving arguments solely from the State while failing to give the Bushiris a fair opportunity to present their defence. The court further noted that key elements relied upon by prosecutors consisted of unauthenticated documents and hearsay evidence, including statements from anonymous witnesses that failed to meet statutory standards under Malawian law.
Beyond procedural flaws, the court highlighted grave safety risks facing the couple, ruling that extraditing them would expose them to direct threats to their lives. Referencing security incidents, including a recent explosive attack on a vehicle associated with the couple, the High Court declared that “the right to life is more paramount than availability to face trial,” rendering extradition legally unviable under Section 353 of Malawi’s Criminal Procedure and Evidence Code.
The ruling effectively halts any immediate efforts by South African authorities to repatriate the Enlightened Christian Gathering (ECG) church founder and his wife, who fled South Africa in November 2020 while out on bail. South Africa’s National Prosecuting Authority (NPA) indicated that it is analyzing the judgment to decide whether to pursue an appeal in Malawi’s Supreme Court of Appeal.
For now, the High Court’s ruling invalidates the existing committal order, granting the Bushiris a significant legal victory and allowing them to remain in Malawi unless a higher court overturns the decision on appeal.
