The High Court of Malawi has blocked the extradition of Prophet Shepherd Bushiri and his wife, Mary, to South Africa, ruling that the lower court’s order was unlawful and violated constitutional rights. Justice Mzonde Mvula found that the couple was denied a fair hearing in the magistrate’s court, where no charges were read to them and they were not allowed to respond before being ordered jailed pending surrender.
The judge also rejected the evidence backing South Africa’s request, calling it hearsay and improperly authenticated. Scanned documents differed from originals, and key allegations relied on statements from a witness who had not interviewed the complainants directly. The court noted that Mary Bushiri was committed on a charge not included in the original extradition file, and the rape allegations lacked clarity or proper linkage to warrants.
Justice Mvula cited serious safety concerns, referencing a past bomb attack on the couple’s vehicle and reports of xenophobic threats by South African police. He emphasized that the right to life outweighs the demand for trial availability. The ruling overturns the March 2025 committal order and affirms that extradition must respect due process, human dignity, and the principle of safety.
The judge also rejected the evidence backing South Africa’s request, calling it hearsay and improperly authenticated. Scanned documents differed from originals, and key allegations relied on statements from a witness who had not interviewed the complainants directly. The court noted that Mary Bushiri was committed on a charge not included in the original extradition file, and the rape allegations lacked clarity or proper linkage to warrants.
Justice Mvula cited serious safety concerns, referencing a past bomb attack on the couple’s vehicle and reports of xenophobic threats by South African police. He emphasized that the right to life outweighs the demand for trial availability. The ruling overturns the March 2025 committal order and affirms that extradition must respect due process, human dignity, and the principle of safety.
