The Bushiris
* To collaborate closely with Malawian authorities “to ensure that justice prevails, combat corruption, and strengthen mechanisms for cross-border cooperation in criminal matters
* As Justice Mvula faulted the Magistrate Court did not exercise judicial discretion correctly by making a finding for extradition, when the evidence on the extradition hearing fell short to make the finding
By Duncan Mlanjira
South Africa’s Ministry of Justice is reported to be studying the ruling of the High Court of Malawi, which set aside an order for the extradition of prophet Shepherd Bushiri and his wife, Mary, saying it will determine the next legal course of action once a full assessment of the ruling has been concluded.
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An online report by South Africa Broadcasting Corporation (SABC) quotes a statement from the Justice Minister, Mmamoloko Kubayi as saying they will collaborate closely with Malawian authorities “to ensure that justice prevails, combat corruption, and strengthen mechanisms for cross-border cooperation in criminal matters”.
The Ministry further said it reaffirmed its confidence in both countries’ judicial systems, saying South Africa values ongoing diplomatic engagement with Malawi to ensure accountability and the rule of law.
Malawi High Court judge, Justice J. Mvula faulted the Magistrate Court ruling that the Bushiris should be extradited to South Africa, saying under section 26 of the Court Act the lower court “did not exercise judicial discretion correctly by making a finding for extradition, when the evidence on the extradition hearing fell short to make this finding”.
“The Magistrate omitted to make an important finding preserving the lives of the applicants. The right to life is more paramount than availability to face trial,” ruled Justice Mvula, while emphasising that Magistrate “did not balance the plight of applicants who time and again fell victim of extortion by Police of Gauteng Province who persisted in serious threats of intimidation and kidnapping, than face charges in point to play along”.
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He also observed that the Magistrate’s hearing “was one sided [as the Bushiris] were never given opportunity to present their side of the story” — emphasising that “even a person under arrest before trial is asked on any allegations pending.
“No less standard falls on a person challenging extradition proceedings against xenophobic, extortionist, and such a biased criminal process. Some complainants of rape allegations [against Prophet Bushiri] withdrew while some despite coming from other Provinces all registered “complaints” before the same Police Region promising them a reward if they testified against first applicant.”
Under section 353(2)(a)(ii) of the Code, the High Court thus set aside the committal order of March 12, 2025, made by the Magistrate extraditing the Bushiris to the South Africa: “The conclusion the Magistrate arrived at to extradite, does not follow from the premises extradition is sought.
“The Magistrate lacked brevity to stand by the course of justice to dismiss the request entirely for reasons explained above. Dismissing all but three grounds was only a good starting point. We have completed what was omitted to be done,” ruled Justice Mvula.
The South African government submitted an extradition request to Malawi after the Bushiris fled their back to Malawi in November 2020 while facing fraud, theft, and money-laundering charges involving more than ZAR100 million.
They were out on bail under strict conditions that prohibited them from leaving the country. Their escape to Malawi triggered a diplomatic storm and left South Africa’s justice system scrambling for answers.
South African media report suggested back in 2020 that the Bushiris were covertly transported from their home to an airbase before being flown to Malawi on a plane linked to former Malawi President Lazarus Chakwera’s presidential delegation — claims both governments denied.
Despite multiple extradition attempts, the couple remained in Malawi, maintaining their innocence and insisting they would not receive a fair trial in South Africa.
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What riled the South Africans further was that soon after fleeing their country, Bushiri proceeded to preach in Lilongwe, “where hundreds hailed his return as divine deliverance”.
In one sermon, he sought to justify his flight from justice, describing it as an anointing of ‘Hokma’ — a Hebrew term meaning wisdom: “A prudent man, or the righteous man, sees trouble and runs away, but a foolish man sees trouble and stays there,” he was quoted as saying by the South African media.
“Hokma gives you the ability to sense danger and flee. You need Hokma — when a problem comes, you must know how to escape from it.”
Writes Sunday World: “Five years later, Bushiri’s ‘Hokma’ defence of divine escape stands in sharp contrast to South Africa’s pursuit of earthly justice — a continuing clash between prophecy and prosecution that refuses to fade.”
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