The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, says she has noted the ruling of the High Court of Malawi, which has set aside an earlier order by the Lilongwe Magistrates’ Court directing that fugitives from South Africa, Shepherd and Mary Bushiri, be extradited to face trial for alleged offences committed in South Africa.
Minister Kubayi confirmed that the South African government is studying the judgment and will determine the next legal steps once a full assessment of the ruling has been completed.
“South Africa remains steadfast in pursuing all available legal avenues to ensure that justice is ultimately served,” she said.
Kubayi further expressed confidence in the strength and independence of both South Africa and Malawi’s judicial systems, underscoring the importance of continued diplomatic engagement and cooperation between the two countries.
The Minister added that the Department of Justice and Constitutional Development, which serves as South Africa’s Central Authority in extradition and mutual legal assistance matters, will continue to collaborate closely with its Malawian counterpart to ensure accountability, combat corruption, and strengthen mechanisms for cross-border cooperation in criminal cases.
Background of the Case
In 2020, self-proclaimed prophet Shepherd Bushiri and his wife, Mary, popularly known for leading the Enlightened Christian Gathering (ECG) Church, were facing multiple charges in South Africa, including fraud, money laundering, and theft related to investment schemes.
The couple was granted bail by the Pretoria Magistrates’ Court but later violated their bail conditions and fled to Malawi, where they have since remained. Their escape triggered diplomatic exchanges between the two governments and a formal request from South Africa for their extradition under the Southern African Development Community (SADC) Protocol on Extradition.
In April 2024, the Gauteng High Court in Pretoria granted the National Prosecuting Authority (NPA) permission to auction Bushiri’s R50 million private jet, which had been grounded at Lanseria Airport since his flight to Malawi.
Bushiri’s Response
Reacting to the recent developments, Bushiri said the NPA’s decision to auction his private aircraft raised serious concerns about the fairness and impartiality of South Africa’s justice system, particularly in cases involving foreign nationals.
At the centre of the controversy is a forex trading platform introduced to members of Bushiri’s church by two individuals who allegedly disappeared after church members invested large sums of money. Bushiri has maintained that he personally reimbursed affected congregants, amounting to over R70 million, but claims that his efforts have been overlooked by authorities and the media.
The Road Ahead
The South African government is expected to announce its next course of action once it has completed a review of the Malawi High Court’s judgment. The outcome of the case could set an important precedent for regional cooperation and the enforcement of cross-border justice in southern Africa.
