Buyanga goes to Supreme Court

SOUTH AFRICAN-based Zimbabwe businessman Frank Buyanga Sadiqi has approached the Zimbabwe Supreme Court challenging the decision by a High Court judge who rejected to recuse himself from the application by the National Prosecuting Authority (NPA) for a review of cancellation of his Zimbabwean warrant of arrest.

Buyanga Sadiqi is in custody in South Africa facing charges of child trafficking and violating that country’s immigration laws, as well as the Zimbabwean charges of kidnapping his son and contempt of the Zimbabwean courts that were subject of the Zimbabwean warrant that were used to effect the original arrest.

Justice Pisirayi Kwenda last week threw out an application by Sadiqi seeking his recusal.

Through his lawyer, Advocate Thabani Mpofu instructed by Mr Admire Rubaya of Rubaya and Chatambudza law firm, Buyanga disagreed with the judge’s approach to the review, which prompted the application for recusal.

This was after Justice Kwenda had ruled there was a prima facie view that there was a sound legal basis to review the magistrates’ court proceedings and requested both the State and defence to file heads of argument before the parties presented their oral arguments.

The defence team viewed this as separate proceedings being initiated and brought against their client, hence the application for the judge’s recusal.

After losing the battle with the judge, Buyanga Sadiqi now wants the intervention of the superior court to quash the judge’s decision and allow the State appeal heard first.

The defence argues that a pair of proceedings are now running parallel to each other when there should have been one.

“In this matter, not only has the State already placed an application for review before the court, the approach taken by his lordship is that his lordship’s process must have priority over the process of the State,” argued the defence.

“This cannot lawfully be done in terms of the law. It is problematic that his lordship, before whom even the review has been placed and who has prioritised the section 29(4) (of the High Court Act) has taken and recorded a prima facie view.

“Upon closer consideration, his lordship may wish to take the position that the recorded prima face view disqualifies him from continued involvement in this matter.”

Buyanga Sadiqi’s South African identity documents says he was born in Zimbabwe yet his Zimbabwean passport says he was born in the United Kingdom.