Shepherd Bushiri appeals to High Court against extradition
Shepherd Bushiri
Controversial preacher Shepherd Bushiri and his wife Mary have appealed to the Malawi High Court in Lilongwe, seeking to overturn a March magistrate ruling that mandated their extradition to South Africa. The couple faces a litany of charges, including rape, fraud, money laundering, and breaches of immigration and foreign exchange regulations in South Africa. Their legal team argues that court testimony relied heavily on hearsay, challenging its admissibility for extradition purposes.
Legal Challenge: Hearsay and Fair Trial Concerns
Bushiri’s defence contends that the chief resident magistrate erred by relying on hearsay statements, particularly those from Gauteng’s Director of Public Prosecutions, Advocate Sibongile Mzinyathi. They argue such evidence cannot support a sound extradition ruling and urged the High Court to uphold principles of natural justice. Malawi’s Justice Ministry counters that under the Extradition Act, authenticated witness statements, even hearsay, are admissible in committal hearings.
September Ruling Expected on Extradition Review
The High Court has scheduled a ruling for September 2025, with all parties preparing written submissions. Both Bushiris arrived in court on 17 July, anticipating a decision that could determine whether they remain in Malawi or face trial in South Africa later this year. Meanwhile, Shepherd Bushiri remains vocal, from court steps on social media, calling for justice and accusing South African authorities of persecution and corruption.
South African Charges: A Multi‑count Case
If extradited, Shepherd and Mary Bushiri will face extensive charges, including:
- Rape: originally three counts; State seeks to increase this to eight
- Fraud, money laundering, and corruption: linked to alleged Ponzi schemes
- Immigration and exchange control violations: for alleged illegal residency and financial dealings
- Breach of bail conditions: highlighted by their 2020 departure from South Africa
These offences, pursued aggressively by the National Prosecuting Authority (NPA), also underpin asset recovery efforts such as the sale of Bushiri’s private jet.
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Asset Forfeiture: Sale of Private Jet Under Scrutiny
In parallel proceedings, the NPA obtained court approval to auction Bushiri’s private jet, valued at around R50 million, as part of asset recovery linked to alleged financial crimes. Bushiri has condemned this as “unjust” and persecution, citing a prior Malawian court ruling that dismissed certain charges against him. He also alleges NPA officials attempted soliciting bribes to drop the case.
Legal Context: Extradition vs Trial Proceedings
Malawi attorneys emphasize the difference between extradition proceedings and a full criminal trial: the former assesses whether there is a prima facie case, not guilt. Under Malawi’s Extradition Act, hearsay evidence can suffice. If the High Court upholds the appeal, the extradition order may be set aside; if not, final documentation would enable Interpol and the South African Police Service to coordinate repatriation.
Regional Implications: Rule of Law and Bilateral Relations
This case tests Malawi, South Africa legal cooperation, with broader implications for justice and accountability across the region. The 2025 ruling will signal Malawi’s willingness to balance mutual extradition obligations with domestic legal protections, especially in high-profile, politically charged cases.
As the Bushiri saga continues to unfold, South Africans and Malawians alike await the High Court’s decision, one that could define the course of regional extradition norms and either renew or end their courtroom standoff.
