Lilongwe, Malawi – Self-proclaimed prophet Shepherd Bushiri and his wife, Mary Bushiri, have been ordered to be extradited to South Africa, a ruling welcomed by South African authorities but signalling the start of a protracted legal battle. The Chief Resident Magistrate Court in Malawi delivered the verdict, paving the way for the couple to face a litany of charges after their dramatic escape from South Africa in 2020.
The Bushiris, who lead the Enlightened Christian Gathering Church, are wanted in South Africa on charges including rape, violating bail conditions, contraventions of the Financial Advisory and Intermediary Services Act, Banking Act, Civil Aviation Act, and Immigration Act. The charges stem from allegations of fraud and money laundering to the tune of R102 million linked to an investment scheme.
Mmamoloko Kubayi, South Africa’s Minister of Justice and Constitutional Development, welcomed the ruling, calling it a “significant milestone in international legal cooperation.”
“This decision reaffirms judicial independence, international cooperation, and public trust in the South African and Malawian legal institutions,” Kubayi said in a statement. “It reinforces the principle that no one is above the law and underscores the importance of accountability, transparency, and adherence to legal frameworks in both South Africa and Malawi.”
The South African government submitted an extradition request to Malawi after the Bushiris failed to comply with their bail conditions and fled the country under mysterious circumstances. The couple had appeared before South African courts in 2020 before their escape.
According to Kubayi’s spokesperson, Terrence Manase, the judge in Malawi ruled that South Africa meets the extradition requirements under Malawi’s Extradition Act. “Of the 13 charges presented by the State, 10 were considered in court and deemed sufficient to warrant prosecution for both fugitives,” Manase stated.
However, Malawi's Ministry of Justice offered a slightly different account, stating that the court acknowledged four out of 10 charges against the Bushiris.
Despite the ruling, the legal saga is far from over. The Bushiris have indicated their intention to appeal the extradition order, a move that the South African government has vowed to oppose.
"The South African government will oppose the appeal. The department will await the outcome of the appeal process if they proceed. If they choose not to pursue the appeal, the department will await formal notification from the Central Authority of the Republic of Malawi," Manase said.
The case is expected to move to the High Court and could ultimately reach the Supreme Court of Appeal, potentially dragging on for months or even years.
Adding another layer of complexity, Bushiri has claimed a "remarkable victory" on his Instagram account, stating that the court "dismissed 10 of those cases due to lack of evidence".
The Bushiris' lawyer, Wapona Kita, has already requested bail for the couple, arguing that the extradition order should be paused. Malawi's Ministry of Justice confirmed that the defence asked the court to allow the Bushiris to remain on bail until they received direction from the High Court on an appeal. The state has not objected to the bail request, leaving the court to decide on the matter.
"They further applied for a 30-day stay order on the ruling, which the court granted. The court referred the matter of bail to the High Court, as the magistrate's court does not have jurisdiction to grant bail to fugitives. The defence is expected to apply for bail during the stay order, as directed by the magistrate's court. This means the Bushiris will remain out on bail," the ministry stated.
The circumstances surrounding the Bushiris' initial escape from South Africa remain shrouded in mystery. It was widely speculated that they used President Lazarus Chakwera’s presidential plane to flee, although this has never been officially confirmed. The aircraft was subjected to rigorous searches by South African authorities before Chakwera was allowed to depart for Malawi.
Kubayi underscored the critical role of legal agreements and treaties in combating transnational crime.
South Africa remains committed to strengthening legal and diplomatic partnerships to ensure that fugitives are brought to justice and that legal systems remain fair, credible, and effective, she added.
The Department of Justice and Constitutional Development works with the Malawi Central Authority, INTERPOL, the National Prosecuting Authority (NPA), and the South African Police Service (SAPS).
Kubayi added that she had been informed that the Bushiris intended to appeal the ruling.
She said if they do not appeal, the Department of Justice will await formal notification from Malawi's Central Authority.
“Once received, INTERPOL, in collaboration with the South African Police Service (SAPS), will coordinate the transfer arrangements and logistics. The State will cover all associated costs,” Kubayi added.
The case has drawn significant public and media attention, highlighting broader issues of corruption and accountability.
Eyewitness News has reliably learnt that Bushiri may be facing other charges in Malawi, as the court is currently hearing an application for bail by the fugitive.
The legal battle is far from over. The case is expected to move to the High Court and could ultimately reach the Supreme Court of Appeal.
Despite the ruling, the Bushiris’ lawyer, Wapona Kita, has requested bail for the couple, arguing that the extradition order should be paused. The state has not objected to the bail request, leaving the court to decide on the matter.
Bushiri’s dramatic escape from South Africa in November 2020 remains a mystery. It was widely speculated that he and his wife used President Lazarus Chakwera’s presidential plane to flee.
The aircraft was subjected to rigorous searches by South African authorities before Chakwera was allowed to depart for Malawi. The circumstances surrounding their escape continue to raise questions.
