The National Prosecuting Authority (NPA) has applied to the High Court challenging the cancellation of a warrant of arrest for businessman Frank Buyanga Sadiqi which was recently issued by Harare magistrate, Mrs Judith Taruvinga.
Sadiqi (43), was recently arrested in South Africa on allegations of kidnapping his son in Harare in 2020 and on charges of contempt of court.
He appeared before the Randburg Magistrate’s Court and was remanded in custody to today for his bail hearing.
Last Monday, Buyanga had his warrant of arrest cancelled at the Harare Magistrates Court after Mrs Taruvinga said she had issued the warrant of arrest erroneously.
Prosecutor-General, Mr Nelson Mutsonziwa, has since applied to the High Court challenging the cancellation and has cited Mrs Taruvinga and Sadiqi as the first and second respondents, respectively.
He wants the High Court to set aside Mrs Taruvinga’s judgment, arguing that the warrant was cancelled without following due processes.
“The court presided over a matter in which it lacked jurisdiction to cancel a warrant of arrest after it had been executed by law enforcement authorities of the Republic of South Africa under an extradition request made to it by the Republic of Zimbabwe,” said Mr Mutsonziwa in the application.
“There was a gross irregularity in the proceedings or the decision of the court in that the court perpetuated contempt of court by the second respondent by granting his legal practitioner audience in circumstances where the High Court, Supreme Court and Constitutional Court of Zimbabwe, respectively found him to have dirty hands and consequently denied him an audience.”
Sadiqi’s warrant of arrest upon which his current incarceration is premised was cancelled at the Harare Magistrates Court on November 14.
Last week, South African lawyer representing Sadiqi, Mr Laurence Hodes, called for a speedy bail hearing for his client.
South African media outlet News24 reported that Mr Hodes told the Randburg Magistrate’s Court that the warrant Interpol executed to arrest Sadiqi on November 10 had been cancelled in Zimbabwe.
“The South African state is aware of that,” he said. “We are only awaiting confirmation from the Department of International Relations and Cooperation (Dirco). The matter has attracted local and international news organisations.
“His continued incarceration is unlawful. We have an authentic court order from Zimbabwe, showing the cancellation of his warrant of arrest.”
On Thursday, Mr Hodes claimed he handed over documents, including Sadiqi’s passport, to the National Prosecuting Authority (NPA).
Mr Hodes said Sadiqi owned property in South Africa.
“We have attached his proof of visa permits to our affidavit,” he said. “These would assist in showing he is not a flight risk and is entitled to bail. The accused is applying to have custody of his child in South Africa.
“There is a court order in Zimbabwe that his child is in his custody. The High Court in Johannesburg is determining which parent would be given custody of his 8-year-old son.
“There is no basis to detain him. He was arrested at the address we had submitted. I am ready to proceed with the bail application. Should the State decide to proceed with the bail (application), we are ready. If there is no warrant, he should be released.
“The chief magistrate in Zimbabwe sent an email to DPP in SA that the warrant has been cancelled. The only document that gives this court jurisdiction to hear the matter is a warrant of arrest.
“Absent to that, there is no basis for his detention. The extradition of a person is done based on the commitment between two states working together. We are dealing here with a person’s liberty.” – The Herald
