- Justice Mzonde Mvula said the lower court denied the Bushiris a fair hearing and used unauthenticated and hearsay evidence to order their extradition.
- The court also cited safety fears after a bomb attack on the couple's car, saying the right to life outweighs the need to face trial.
The High Court in Malawi has blocked the extradition of Prophet Shepherd Bushiri and his wife Mary to South Africa, ruling that the earlier decision ordering their return was illegal and unconstitutional.
Justice Mzonde Mvula made the ruling on Friday, 31 October 2025, overturning a lower court's order that the couple should be sent back to South Africa to face charges of fraud, theft and money laundering.
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The court found that the Chief Resident Magistrate's decision was deeply flawed, saying the Bushiris were denied their right to be heard. Justice Mvula said the lower court conducted a "one-sided hearing" and relied on defective evidence that included unauthenticated documents and inadmissible hearsay.
The judge also said the court failed to consider the couple's safety concerns. He referred to an earlier bomb attack on their car and said, "the right to life is more paramount than availability to face trial."
Justice Mvula further warned that the extradition request from South Africa might have been influenced by "bad faith, political motivation, and oppressive delay."
Bushiri, leader of the Enlightened Christian Gathering, and his wife were first arrested in South Africa in 2020 over a R102-million investment scam. They later fled to Malawi while out on bail, claiming that their lives were in danger and that they would not get a fair trial in South Africa.
The ruling is seen as a major legal victory for the couple and a setback for South African authorities, who have been pushing for their return for years.
However, legal experts say that this is not the end of the road. South Africa could still submit a new extradition request if it fixes the issues raised by the court.
For now, the Bushiris remain in Malawi, free from the threat of extradition -- at least until the next legal move from Pretoria.
