Buyanga arrest warrant appeal hearing today
THE High Court is today expected to hear an appeal against a decision made by the magistrates’ court to cancel a warrant of arrest for businessman Frank Buyanga Sadiqi.
Buyanga Sadiqi, who is being represented by Rubaya and Chatambudza Legal Practitioners, was recently issued with a warrant of arrest by Harare magistrate Mrs Judith Taruvinga, but this was later cancelled, although he has been arrested in South Africa on Zimbabwean charges of kidnapping and contempt of court.
Unsatisfied with the decision of the magistrate, the National Prosecuting Authority approached the High Court challenging the cancellation of the warrant of arrest against the businessman.
Buyanga 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 yesterday for his bail hearing, although the warrant executed by South Africa was cancelled on Monday last week.
His warrant of arrest was cancelled at the Harare Magistrates Court after Mrs Taruvinga said she had issued the warrant of arrest erroneously two years ago.
Now the Prosecutor-General, Mr Nelson Mutsonziwa, wants the High Court to set aside Mrs Taruvinga’s judgment, arguing that the warrant was cancelled without following due processes.
The appeal passed the first test on Monday when Justice Pisirayi Kwenda ruled there was a prima facie view that there is a sound legal basis to review the magistrate’s court proceedings and requested both the State and defence counsel to file their heads of argument, before the parties present oral argument today.
The parties are required to address the court in their heads of argument and oral submissions on whether the default inquiry was properly before the magistrate, that is whether the written application which was the basis of the default inquiry is a criminal procedure provided for in the magistrates’ court.
The judge also wants both the prosecution and defence to address him on whether, in the circumstances of this case, it was procedurally regular for the magistrate to conduct a default inquiry in the absence of Buyanga Sadiqi, the subject of the warrant of arrest.
The court will also decide on whether in the circumstances of the matter, the magistrate who committed the irregularity had the jurisdiction to correct the irregularity committed by her two and half years earlier and whether the magistrate acted legally in the face of earlier decisions by the superior courts with a direct bearing on the legal issues raised at the default enquiry. In his appeal, Mr Mutsonziwa argues that the lower 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 South Africa under an extradition request made to it by Zimbabwe.
Full story on: www.herald.co.zw