FLAMBOYANT Zimbabwean businessman Frank Buyanga Sadiqi, who was arrested in South Africa last Thursday for allegedly kidnapping his son, had his warrant of arrest cancelled by a Harare court yesterday.
The court said the warrant was issued in error.
Buyanga has been locked up at Sun City Prison in South
Africa since Thursday. He filed an application for cancellation of the arrest
warrant saying it was illegally issued.
Harare magistrate Judith Taruvinga heard the application
yesterday where she admitted that she issued it erroneously.
The State, through Zebediah Bofu had opposed the
cancellation of the warrant saying Buyanga was placed on Interpol’s red notice
on July 7, 2020.
Bofu said the Supreme Court had confirmed it in the case of
Buyanga versus Chantelle Muteswa under case number CCC14/21.
“The State is opposed to the application being heard and
adjudicated upon on the basis that the applicant is an outlaw or fugitive from
justice. Such a person is absolutely precluded from approaching any court for
any relief, including the one which he is seeking.
“A fugitive from justice is a person who is a wanted in
terms of the laws of the country and has fled from the jurisdiction of the
court, and by so doing has set its laws at nought. He is aware of the issue,
hence these proceedings. He has placed himself beyond the reach of the law and
domestic apparatus to enforce that law by fleeing from the jurisdiction of the
court,” Bofu submitted.
Bofu said Buyanga could not be allowed to enjoy the best of
both worlds.
But his lawyer Admire Rubaya submitted that the magistrates
court’s decision to grant the warrant of arrest was outrageous, defied logic
and no sensible court having applied its mind would arrive at that.
“The said warrant of arrest cannot remain in force because
it was irregularly issued. It has been abused and misused against him and his
only recourse is to approach this court at this juncture for its cancellation,”
Rubaya submitted.
He said it was a gross irregularity for the courts to
entertain an application for a warrant of arrest from a police officer of a
rank two sergeant, when the lower limit for those who are empowered at law to
make the application is that of an assistant inspector who happens to be a
person in charge of a police station.
“There is, therefore, sufficient basis for the honourable
court to cancel this warrant of arrest. There was no basis for the court to
issue another warrant in circumstances where the warrant already existed. It is
brazenly clear that the decision of the magistrates court to issue a warrant of
arrest against him on the facts before the court was completely wrong at law
and hereto the court has already indicated that it relied on that order to
issue the warrant in question,” Rubaya submitted.
Buyanga said when he left Zimbabwe; he had not committed
the alleged criminal offences of kidnapping his son and robbery as spelt out on
the warrant of arrest in question.
He said at the time of leaving Zimbabwe, he had not been
invited to the police to assist with investigations.
Buyanga said the Interpol red notice was based on the
irregular warrant of arrest emanating from the magistrates court. Newsday
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