Justice and Constitutional Development Minister Mmamoloko Kubayi said the government is studying a recent ruling by the High Court of Malawi which overturned an order directing that Shepherd and Mary Bushiri be extradited to South Africa to face trial.
The Bushiris, who face multiple criminal charges including fraud and money laundering in South Africa, fled the country in 2020 while out on bail. They were later traced to Malawi, where extradition proceedings have been under way since.
Ministerial spokesperson Terrence Manase said Kubayi noted the court’s decision and confirmed that South Africa was reviewing the judgment before deciding on its next move.
“The South African Government is studying the judgment and will determine the next legal course of action once a full assessment of the ruling has been concluded,” he said.
Manase added that Kubayi reaffirmed South Africa’s determination to ensure accountability.
“The Minister reaffirmed that South Africa remains steadfast in pursuing all available legal avenues to ensure that justice is ultimately served,” he said.
previously reported that the High Court ruling, delivered on Friday, October 31, 2025, by Justice Mzonde Mvula, found that the magistrate’s decision to extradite the Bushiris was legally unsound, procedurally unfair, and failed to meet the requirements of Malawian law.
The court held that the extradition process had denied the couple their constitutional right to be heard and relied on evidence that was not properly authenticated.
Mvula also noted that the lower court failed to consider the Bushiris’ safety concerns and ruled that the proceedings had “fallen short” of the standards required under Malawi’s legal framework. As a result, the High Court set aside the earlier committal order that would have allowed their surrender to South Africa.
Kubayi expressed confidence in the independence of both South Africa’s and Malawi’s judicial systems and stressed the importance of continued cooperation between the two nations.
“Minister Kubayi expresses confidence in the strength and independence of both South Africa and Malawi’s judicial frameworks, and reaffirmed the importance of continued diplomatic engagement and cooperation between the two countries,” Manase said.
He added that the Department of Justice and Constitutional Development, as South Africa’s Central Authority, would continue working closely with its Malawian counterpart “to ensure that justice prevails, combat corruption, and strengthen mechanisms for cross-border cooperation in criminal matters.”
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