Requesting: South AfricaRequested: Malawi

Shepherd Bushiri and Mary Bushiri: extradition case and outcome

Shepherd and Mary Bushiri left South Africa for Malawi in 2020 while on bail on fraud and money laundering charges, and South Africa sought their extradition. A Lilongwe magistrate ordered their committal pending surrender in March 2025. On 31 October 2025 the High Court of Malawi set that order aside and declared the extradition proceedings unlawful and unconstitutional. South Africa's justice ministry said it was studying the ruling.

Refused The High Court of Malawi set aside the extradition committal order on 31 October 2025. South Africa's justice minister said the ministry would decide on its next legal step after assessing the judgment, and Malawi24 reported that it was uncertain whether South Africa would file a new request.^2,4,5,3

Charges as alleged. South African prosecutors charged the preacher and his wife with fraud and money laundering, and VOA reported in 2020 that they and two others faced charges of theft, money laundering and fraud over the alleged theft of about 6.6 million dollars. Malawi24 reported that the extradition request also involved forgery and rape allegations. The couple deny the allegations.^1,3,2

Charges are allegations unless a court has convicted. Each record states what each court or minister decided and the person's public response.

Decisions

18 November 2020Malawi PoliceArrested the couple in Lilongwe.¹
19 November 2020Chief Resident Magistrate Viva Nyimba, LilongweFreed them without conditions, ruling the arrest illegal because the warrant had not been routed through the Minister of Homeland Security. The state said it would appeal.¹
12 March 2025Chief Resident Magistrate's Court, LilongweOrdered their committal to prison pending surrender to South Africa.²
31 October 2025High Court of Malawi, Lilongwe Criminal Division (Justice Mzonde Mvula)Set aside the 12 March 2025 committal order under section 353(2)(a)(ii) of the Criminal Procedure and Evidence Code and declared the extradition proceedings unlawful and unconstitutional. Nyasa Times and The Nation reported the ruling as delivered on Friday.^2,4,5
1 November 2025South Africa's Minister of Justice Mmamoloko KubayiSaid the ministry was studying the judgment and would decide on its next legal step after a full assessment, according to The Nation.⁵

What happened next

Not extradited as of 2 November 2025. They have not been tried in South Africa according to the sources read.^3,2

Response

After his 2020 release Shepherd Bushiri said "It's a victory of God". In 2025 he accused Hawks and police officials of demanding R12 million in "protection fees" and said "I call them corrupt police officers". Their lawyer Wapona Kita called the ruling an important victory, according to The Nation.^1,3,5

Legal points

The High Court found that the couple were not heard, that the South African documents were unauthenticated scanned copies, and that the main witness relied on hearsay, according to Malawi24.²
The judge also described the request as tainted by bad faith, political motivation and oppressive delay, and cited threats against the couple, according to Malawi24.²
The 2020 release turned on procedure, because the warrant had not passed through the minister as Malawian law requires, according to VOA.¹

Sources

Voice of America, Malawi court frees preacher Bushiri after deeming his arrest illegal (20 November 2020)
Malawi24, Bushiri secures victory against extradition, High Court declares it unlawful and unconstitutional (31 October 2025)
EWN, Bushiri accuses Hawks, police of R12m bribe demand (2 November 2025)
Nyasa Times, Bushiri Triumphs in Landmark Extradition Case: High Court quashes order to send Prophet and wife back to South Africa (31 October 2025)
The Nation (Malawi), SA studying Bushiri extradition reversal (2 November 2025)