Buyanga appeals reinstatement of arrest warrant

THE appeal against a decision by a High Court judge not to recuse himself from the application by the National Prosecuting Authority for a review of cancellation of Frank Buyanga Sadiqi’s Zimbabwean warrant of arrest will be heard urgently, the Supreme Court has ruled.

The ruling comes after South African-based Zimbabwe businessman Frank Buyanga Sadiqi approached the Supreme Court challenging Justice Pisirayi Kwenda’s decision not to step down from the review and he asked for the appeal to be treated as urgent.

Supreme Court Judge Justice Susan Mavangira heard the chamber application on Wednesday for the appeal to be treated as a matter of urgency, and granted the application by Buyanga Sadiqi that this appeal relating to the decision by High Court Judge Justice Kwenda be heard urgently by three appeal judges.

The legal arguments presented also deal with the actual main decision by the High Court that the warrant was wrongly cancelled.

If that appeal succeeds it means the High Court judgment reinstating the warrant of arrest against Buyanga Sadiqi becomes void. If the Supreme Court confirms the High Court decision then the warrant remains live.

Justice Kwenda who delivered his ruling on Wednesday reinstated the warrant of arrest for South Africa-based controversial businessperson Frank Buyanga Sadiqi, after the court initiated an automatic review process after Harare Magistrate Judith Taruvinga cancelled the Interpol warrant of arrest issued on Buyanga, last month.

Buyanga Sadiqi, who is not happy with the reinstatement of his warrant of arrest, wants the Supreme Court to quash the High Court decision on the grounds that the High Court misdirected itself when it dismissed the application for the recusal of Justice Kwenda without dealing with any of the grounds upon which the judge’s recusal was sought. Buyanga Sadiqi argues that then proceeding to deal with the matter in circumstances showed valid grounds for the judge’s recusal.