Why South Africa wants Malawi to reconsider its decision on Prophet Bushiri

South Africa is pursuing another legal avenue to bring self-proclaimed prophet Shepherd Bushiri and his wife, Mary, back from Malawi, where they have been living since leaving South Africa six years ago.

The latest move comes after Malawi’s High Court overturned an earlier decision that had paved the way for the couple’s extradition, prompting South African authorities to challenge the ruling.

Bushiri and his wife fled South Africa for Malawi in November 2020 while out on bail in a case involving allegations of fraud, theft and money laundering, which they have denied.

why is South Africa dissatisfied with the bushiri judgment?

The South African government has outlined 14 grounds on which it wants to challenge the judgment delivered by Malawi High Court Judge Mzonde Mvula on October 12, 2026.

At the centre of its application is the argument that the judge applied principles associated with a criminal trial rather than the legal requirements governing extradition proceedings, as reported by Pan African Visions.

South Africa also disputes the standard of proof used to assess evidence submitted in support of its extradition request.

The government is challenging the rejection of certain documentary evidence on grounds of hearsay and improper authentication.

It maintains that the evidence should have been considered under the applicable extradition framework rather than subjected to requirements associated with determining guilt in a criminal trial.

Disagreement over fair hearing and safety concerns

South Africa is also challenging the court’s findings concerning whether the Bushiris received a fair hearing during the extradition proceedings.

The government argues that the couple had opportunities to participate in the hearings, cross-examine a state witness, submit documentary evidence and present their arguments.

It further disputes the judge’s concerns about the couple’s safety and the possibility of unfair treatment if they were returned to South Africa.

According to the grounds of appeal, there was insufficient evidence to establish that the extradition request was politically motivated or that the couple would necessarily face prejudice upon their return.

South Africa is also contesting the finding that extradition would be unjust or oppressive because of the time that has passed since the alleged offences.

bushiri case: What happens next?

Director of Criminal Litigation Dzikondianthu Malunda confirmed that South Africa had filed an application for leave to appeal after expressing dissatisfaction with the judgment.

The notice, dated November 6, 2026, was received by the High Court Criminal Registry in Lilongwe on November 9. Judge Mvula is expected to consider the application on a date yet to be determined.

South African authorities want the couple returned to face allegations involving fraud, theft and money laundering, which they have denied.

The latest application does not mean their extradition has been approved.

The next step depends on whether the court grants South Africa permission to appeal.