Kubayi: SA studying Bushiri extradition ruling by Malawi court
Justice and Constitutional Development Minister Mmamoloko Kubayi said the South African government is reviewing the recent judgment by the Malawian High Court, which overturned an earlier order to extradite self-proclaimed Prophet Shepherd Bushiri and his wife, Mary, to face trial in South Africa.
The High Court in Lilongwe on Friday set aside the 12 March ruling by the Chief Resident Magistrate’s Court that had ordered the couple’s surrender.
The court found that the earlier proceedings were “one-sided” and failed to properly balance the Bushiris’ rights.
Kubayi confirmed that the Department of Justice is “studying the judgement” before deciding on the next course of action.
"The South African Government is studying the judgment and will determine the next legal course of action once a full assessment has been concluded,” Kubayi said.
The minister reaffirmed that the government remains committed to ensuring accountability.
"We remain steadfast in pursuing all available legal avenues to ensure that justice is ultimately served,” she added.
Kubayi also expressed confidence in the judicial systems of both South Africa and Malawi, saying cooperation between the two nations remains critical.
"South Africa continues to have confidence in the strength and independence of both countries’ judicial frameworks. It is important that we maintain strong diplomatic engagement and cooperation between our nations,” she said.
The Justice Department, serving as South Africa’s Central Authority, will continue working closely with Malawi to uphold the rule of law and combat cross-border crime.
"We will keep collaborating with our Malawian counterparts to ensure that justice prevails, fight corruption, and strengthen mechanisms for cross-border cooperation in criminal matters,” Kubayi said.
The Bushiris, who lead the Enlightened Christian Gathering Church, fled South Africa in November 2020, days after being granted R200 000 bail each by the Pretoria Central Magistrate’s Court.
They face multiple charges, including fraud, money laundering, and contravening bail conditions in connection with a R102 million investment scheme.
South Africa’s extradition request to Malawi has now been stalled by the High Court’s decision, a move that temporarily halts efforts to bring the couple back to face trial.
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