The High Court in Malawi overturned the extradition order for the controversial couple, Shepherd and Mary Bushiri, to South Africa.
The court’s decision was based on several issues raised by the Bushiris:
- Violation of Natural Justice Principle: The High Court agreed with the Bushiris that the Chief Magistrate in Lilongwe did not allow them an opportunity to have their say heard before the court, violating the Audi alteram partem rule.
- Reliance on Hearsay Evidence: The defense successfully argued that the Magistrate’s Court, which originally ordered the extradition, relied on hearsay evidence, meaning there was no concrete, direct evidence presented to sustain the allegations against them.
- Insufficient Detail on Rape Charges: It was argued that the alleged victims in the counts of rape were not named, making it difficult for the defense to justify or respond to the allegations.
The ruling is considered a victory for the Bushiris, who face fraud and money laundering charges in South Africa and skipped the country in 2020 after being granted bail.
Despite the setback, the report notes that the South African government still has other legal avenues to pursue. Additionally, the NPA (National Prosecuting Authority) has an application before the Constitutional Court regarding the division of power for extradition matters (between the NPA and the Justice Department), which is expected to bring clarity to future extradition processes.
