A court in Malawi, the Lilongwe Magistrate Court has given a temporary relief to the Prophet Shepherd Bushiri and his wife Mary after spending a night in police custody.
The two are on the Interpol wanted list for alleged fraud and money laundering offences allegedly committed in South Africa.
Reading his bail ruling, Principal Resident Magistrate Viva Nyimba says that the arrest was illegal and against laws of Malawi and has since ordered the two to be released without any condition.
Magistrate Nyimba says there was no authority from a minister in Malawi and no warrant of arrest from a Malawian court for the Bushiris to be arrested.
The Magistate said he only looked at the legality of arrest and not what happened in South Africa.
Nyimba said the court was aware of bilateral relationship between the two countries but rule of law must prevail.
Nyimba adds, there was no arrest warrant issued in Malawi.
Earlier Bushiri lawyer, Wapona Kita says it was surprising that the state arrested the Bushiris when extradition request not yet received in Malawi.
But state lawyer, Steve Kayuni still insists the two should not be granted bail as the two have escaped bail in South Africa and have demonstrated disobedience towards court order in SA.
He says, the two can’t be trusted when they have three different passports.
But Kita rose on an objection saying he did not raise matters of passports in his application.
Bushiri has since thanked his sympathisers for being there for him and wife Mary.