Bushiri extradition hits legal wall

Major 1 has dodged another legal bullet, with the High Court explaining why Prophet Shepherd Bushiri and his wife cannot be extradited to South Africa under the quashed order.

In a 175-page ruling, the High Court in Lilongwe has detailed the legal and procedural flaws that led it to overturn the extradition order issued against the couple in March 2025.

The court had already set aside the order on October 31, 2025, but the latest determination provides a fuller explanation of the reasons behind that decision.

At the centre of the ruling is the alleged failure to give Bushiri and his wife, Mary, an opportunity to be heard before the extradition decision was made.

Bushiri’s lawyer, Wapona Kita, confirmed the development, saying the court had reached its final determination after considering the defence’s submissions and grounds for review.

Kita said the decision means the couple cannot be extradited to South Africa under the order that has been quashed.

He, however, indicated that the State could still appeal the ruling, leaving the door open for another legal battle.

The court’s reasoning places particular emphasis on the principle of natural justice, which requires authorities to give people affected by a decision a fair opportunity to present their case.

The principle is central to proceedings involving individual rights, including extradition cases in which one country seeks the surrender of individuals to face criminal proceedings in another.

Bushiri and his wife are wanted in South Africa to face criminal proceedings, and efforts to have them returned have been the subject of a prolonged legal dispute.

For now, the March 2025 extradition order remains quashed, meaning the State cannot use that order to secure their extradition.

The next major development will depend on whether the State challenges the ruling through an appeal and what the courts decide in any subsequent proceedings.