JUSTICE and Constitutional Development Minister Mmamoloko Kubayi addressed the recent High Court of Malawi ruling, which reversed a lower court's decision.
The original order had directed that South African fugitives Shepherd and Mary Bushiri be extradited to South Africa to face trial for alleged crimes.
Minister Kubayi confirmed that the South African government is carefully reviewing the judgment and will determine its next legal steps once a full assessment of the ruling is completed.
She reaffirmed South Africa's commitment to pursuing all available legal avenues to ensure justice is served.
Highlighting her confidence in the independence and strength of both South African and Malawian judicial systems, the minister emphasised the importance of ongoing diplomatic engagement and cooperation between the two countries.
Kubayi noted that Mzansi will continue to respect Malawi's judicial processes while pursuing justice through both diplomatic and legal channels.
"We remain committed to strengthening mechanisms for cross-border cooperation in criminal matters and ensuring that justice prevails," she said.
In 2020, Shepherd and Mary Bushiri appeared before two separate South African courts on multiple criminal charges. Although granted bail pending trial, they failed to comply with bail conditions and fled the country, later being located in Malawi.
Daily Sun reported on Friday, 31 October, that the Bushiris secured a major legal victory in Malawi, leaving South African authorities looking for their next move.
The High Court in Lilongwe overturned the Chief Resident Magistrate's March 2025 ruling, which had ordered the couple's extradition to face charges of fraud, theft, and money laundering dating back to 2020.
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In a judgment delivered on Friday, 31 October, Justice Mzonde Mvula criticised the Magistrate's ruling, stating it did not properly adhere to the legal grounds for extradition and failed to fully consider the course of justice, making the decision unsafe.
As a result, the Bushiris will not be extradited for the time being.
The Bushiris fled South Africa in November 2020, citing safety concerns and insisting they would only return if guaranteed a fair trial.
Their dramatic departure sparked outrage and led to a formal extradition request by the South African government.
After years of delays involving missing witnesses, technical disputes, and claims of political interference, the Chief Resident Magistrate initially ruled in March 2025 in favour of extradition.
The Bushiris immediately appealed.
Justice Mvula found serious flaws in the ruling, noting that key arguments were prematurely dismissed, and the decision lacked proper justification. He concluded that the ruling "must be set aside entirely."
The decision marks a significant setback for South Africa, which has been seeking to bring the Bushiris back to face multi-million-rand charges.
The judgment indicates that Malawi may require a more thorough and well-supported case if Mzansi wishes to pursue extradition again.
For now, the Bushiris remain in Malawi while South African authorities review the judgment and consider their next legal steps.
