South Africa has accused the Malawi High Court of making several legal errors in its decision to block the extradition of Prophet Shepherd Bushiri and his wife, Mary, to South Africa.
In an application for leave to appeal, the South African government has outlined 14 grounds on which it wants to challenge the October 12, 2026 judgment delivered by High Court Judge Mzonde Mvula.
According to court documents, South Africa argues that Mvula misinterpreted and misapplied the law when he overturned an earlier decision by the Lilongwe Chief Resident Magistrate’s Court, which had ordered the couple’s committal pending extradition.
Among its arguments, South Africa says the judge wrongly treated the extradition proceedings as an ordinary criminal trial instead of applying the specific legal framework governing extradition cases.
The government also challenges the standard of proof applied by the court when assessing evidence presented in support of the extradition request.
It further disputes the finding that the Bushiris were denied a fair hearing, arguing that they had opportunities to cross-examine a State witness, present documentary evidence and make submissions before the court.
South Africa is also challenging the rejection of some documentary evidence on grounds of hearsay and improper authentication.
On the couple’s concerns about their safety and possible unfair treatment in South Africa, the government argues that the High Court lacked sufficient evidence to establish that the extradition request was politically motivated or that the couple would suffer prejudice if returned.
It also disputes the finding that extradition would be unjust or oppressive because of the time that has elapsed since the alleged offences.
The Notice of Appeal, dated November 6, 2026, was received by the High Court Criminal Registry in Lilongwe on November 9. The application is expected to be heard by Mvula on a date yet to be fixed.
Director of Criminal Litigation Dzikondianthu Malunda has confirmed that South Africa filed the application, saying the government was dissatisfied with the ruling.
The appeal follows the High Court’s October 12 decision to overturn a March 12, 2025 ruling by the Lilongwe Chief Resident Magistrate’s Court, which had ordered the couple’s committal pending extradition.
The Bushiris returned to Malawi from South Africa in November 2020 while on bail. They are wanted in connection with alleged fraud, theft and money laundering offences, which they have denied.
