Minister Kubayi studying Malawi court ruling on Bushiri extradition case

Justice and Constitutional Development Minister Mmamoloko Kubayi says the South African government is studying the ruling of the High Court of Malawi, which has set aside an earlier order directing that self-proclaimed prophet Shepherd Bushiri and his wife Mary be extradited to South Africa to face criminal charges.

Kubayi said South Africa will determine the next legal course of action once a full assessment of the judgment has been completed. “The South African government is studying the judgement and will determine the next legal course of action once a full assessment of the ruling has been concluded,” she said.

The minister reaffirmed South Africa’s commitment to ensuring that justice is served, saying the country will continue to pursue all available legal avenues to hold the fugitives accountable. “South Africa remains steadfast in pursuing all available legal avenues to ensure that justice is ultimately served,” Kubayi added.

Kubayi said she has confidence in the judicial systems of both South Africa and Malawi, and stressed the importance of cooperation between the two nations. “We reaffirm the importance of continued diplomatic engagement and cooperation between our two countries,” she said.

The Department of Justice and Constitutional Development, which serves as South Africa’s Central Authority in extradition matters, will continue to engage with Malawian counterparts to strengthen cooperation on cross-border criminal matters. Kubayi said both countries have a shared interest in upholding the rule of law, combating corruption, and ensuring accountability.

Shepherd Bushiri, founder of the Enlightened Christian Gathering Church, and his wife Mary face multiple charges in South Africa, including fraud, theft, and money laundering. The couple were arrested in 2020 alongside several others in connection with a multimillion-rand investment scheme that allegedly defrauded members of their church and the public.

They were granted bail by the Pretoria Magistrates’ Court under strict conditions. However, in November 2020, the pair mysteriously fled South Africa in violation of their bail terms, claiming their lives were in danger. Their escape triggered diplomatic discussions between South Africa and Malawi as the two countries are bound by an extradition treaty signed in 2003.

South Africa formally submitted an extradition request to Malawi in 2021. In May 2024, a magistrate’s court in Lilongwe ruled in favour of extradition, finding that the couple should be surrendered to South African authorities to stand trial. However, the Bushiris appealed that decision in the High Court, arguing procedural flaws in the extradition process and claiming they would not receive a fair trial in South Africa.

This week, the High Court of Malawi upheld the appeal, setting aside the earlier decision and ruling that the lower court had erred in its handling of the matter. The judgment has temporarily stalled South Africa’s efforts to bring the couple back to face trial.

The Department of Justice has confirmed that it is in consultation with the National Prosecuting Authority (NPA) and the Department of International Relations and Cooperation (DIRCO) to assess the implications of the ruling and determine the next steps.

Kubayi said South Africa would continue to respect Malawi’s judicial processes while pursuing justice through diplomatic and legal channels. “We remain committed to strengthening mechanisms for cross-border cooperation in criminal matters and ensuring that justice prevails,” she said.

The case has drawn widespread attention in both countries, with legal experts and rights groups calling for transparency in how extradition requests are handled between member states of the Southern African Development Community (SADC).