By Rahim Abdul
South Africa has applied to Malawi’s High Court for permission to appeal a ruling that blocked the extradition of Prophet Shepherd Bushiri and his wife, Mary, to face criminal charges in the country.
The application follows a High Court decision that overturned an earlier order committing the couple for extradition.
According to the Ministry of Justice, the South African government has presented 14 grounds in support of its application for leave to appeal, challenging the court’s interpretation and application of the law governing extradition proceedings.
Bushiri and his wife, Mary
The grounds raise concerns over the interpretation of the Extradition Act and the court’s assessment of evidence submitted by South African authorities to support their request for the couple’s return.
South Africa is also contesting the court’s interpretation of the legal requirements for extradition, arguing that the proceedings should be assessed within the framework of extradition law rather than the standards applied in a criminal trial.
The government further disputes the court’s consideration of concerns raised by the Bushiris about their safety and the possibility of facing an unfair trial if return to South Africa.
The latest application marks another development in the prolonged extradition dispute, which began after the couple left South Africa for Malawi in November 2020.
South African authorities want the couple to return to face allegations including fraud, money laundering and theft.
However, the Bushiris have consistently resisted extradition, citing concerns about their treatment and safety should they be sent back to South Africa.
The application does not automatically overturn the previous judgment or authorise the couple’s extradition.
The High Court must first decide whether to grant South Africa permission to appeal.
The court’s decision will determine whether the South African government can pursue another legal challenge in its efforts to have the couple returned to face the charges.
