The Lilongwe Magistrate Court is on Tuesday set to start hearing a case in which state prosecutors are challenging the unconditional release of Shepherd Bushiri and his wife Mary.
The fugitive couple jumped bail in South Africa and fled to Malawi, arguing their lives were in danger.
They are facing charges of money laundering and fraud and authorities there issued a warrant of arrest through Interpol.
This forced the couple to surrender to the police in Lilongwe before Principal Resident Magistrate Viva Nyimba released it unconditionally, saying its arrest was illegal.
The state prosecutor had asked the court to allow the police to keep the Bushiri’s in custody for a further 30 days to allow authorities in South Africa to submit a formal extradition request.