- The High Court in Lilongwe has set aside the order committing Shepherd and Mary Bushiri for extradition to South Africa, pointing to procedural irregularities and shortcomings in the evidence.
- The couple say the ruling addresses concerns about hearsay evidence, anonymous witnesses, alleged police misconduct and their safety in South Africa.
- The extradition dispute follows the couple’s departure from South Africa in November 2020 while out on bail in a criminal case involving allegations of fraud and other offences.
Shepherd Bushiri and his wife, Mary Bushiri, have welcomed a decision by the High Court in Malawi that sets aside the order for their extradition to South Africa, where they face criminal allegations arising from investigations before their departure in November 2020.
In a statement after the ruling, the couple said the court agreed with concerns they raised about the evidence presented in support of the extradition request, including the use of hearsay evidence and anonymous witnesses. They also cited allegations of police misconduct and referred to attacks and demonstrations directed at them and their church in South Africa.
The judgment addresses defects in the proceedings that led to the extradition committal order. However, the ruling does not determine the couple’s guilt or innocence regarding the underlying criminal allegations in South Africa.
Court identifies defects in extradition proceedings
The extradition proceedings followed South Africa’s efforts to secure the couple’s return to face criminal charges after they left the country while on bail in November 2020. South African authorities sought their extradition through formal proceedings in Malawi. In March 2025, the Chief Resident Magistrate ordered that the couple be committed for extradition to South Africa.
The Bushiris challenged that decision, arguing that the proceedings were legally flawed and that the evidence presented did not satisfy the requirements for extradition. The High Court later set aside the committal order.
In a detailed judgment, Justice Mzonde Mvula identified procedural shortcomings, including the failure to give the couple a proper opportunity to present their case and deficiencies in the magistrate’s assessment of their objections. The court also considered concerns about the admissibility and reliability of the evidence presented in support of extradition.
Bushiris raise concerns about evidence and police conduct
Welcoming the ruling, the couple said the court addressed several concerns raised during the proceedings. “Yesterday, the High Court of Malawi made its final ruling in our case, deciding that we cannot be extradited,” they said. “The court agreed with key concerns we raised, including the lack of evidence, the fact that the so-called witnesses remain anonymous, and the rejection of evidence by the courts because it was based on hearsay rather than solid proof.”
The couple also made allegations of police misconduct, claiming that some officers had opened fictitious criminal cases to extort money from them. “We also raised concerns about police officers who allegedly opened fake cases to extort money from us, the xenophobic attacks we faced in South Africa, and the demonstrations at our church demanding that we leave the country. Our church tents were also petrol-bombed,” they said.
These allegations are part of the couple’s account of their experiences in South Africa. They should be distinguished from the specific legal findings made by the Malawian court in the extradition proceedings.
Accountability questions raised over police officials
The couple also questioned the accountability of police officials involved in their arrest, referring to reports that some senior officers have since faced disciplinary action or arrest in connection with other corruption allegations.
“It is concerning that some of the police generals involved in our arrest have reportedly since been arrested or dismissed over other corruption allegations. This raises serious questions about accountability and justice,” they said.
The allegations concerning those officials relate to separate matters and do not, in themselves, prove that the investigation against the Bushiris was unlawful. The extradition judgment must be understood in terms of the specific evidence and legal issues considered by the court.
Background to the extradition dispute
The Bushiris were arrested in South Africa in October 2020 in connection with allegations that included fraud, theft and money laundering. They were granted bail of R200,000 each, under conditions that included surrendering their passports and reporting to police.
They left South Africa for Malawi in November 2020, which prompted South African authorities to pursue their extradition to face the outstanding allegations. The extradition request covered several alleged offences, including fraud, theft, money laundering, racketeering, forgery and rape, as well as alleged contraventions of immigration and exchange-control laws.
The proceedings in Malawi involved disputes over the admissibility of evidence, the authentication of documents and whether the legal requirements for extradition had been satisfied. The High Court’s decision to set aside the committal order means the couple cannot be extradited on the basis of that order. The judgment does not amount to an acquittal on the underlying South African charges.
Bushiris thank supporters following ruling
The couple ended their statement by thanking those who supported them throughout the legal proceedings and credited the outcome to their faith. “We thank God for answering our prayers and thank everyone who stood with us throughout this journey,” they said. “We have trusted God through it all, and today we give Him the glory. There is a God in heaven!”
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