The Herald (Zimbabwe)

Buyanga arrest warrant appeal hearing today

- Fidelis Munyoro Chief Court Reporter

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

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