Sadiqi’s warrant of arrest upon which his current
incarceration is premised on was cancelled at the Harare Magistrates Court on
November 14, after magistrate Mrs Judith Taruvinga admitted that she had issued
the warrant of arrest erroneously.
The authorities said the charges emanated from an incident
which took place in April 2020 in Zimbabwe, where Sadiqi is alleged to have
kidnapped his son and reportedly fled with him to South Africa.
Sadiqi appeared before the Randburg Magistrate’s Court.
South African lawyer representing Sadiqi, Mr Laurence Hodes
yesterday called for a speedy bail hearing for his client.
South African media outlet News 24 reported that Mr Hodes
told the Randburg Magistrate’s Court that the warrant Interpol executed to
arrest Sadiqi on November 10 had been cancelled in Zimbabwe.
“The South African state is aware of that. We are only
awaiting confirmation from the Department of International Relations and
Cooperation (Dirco). The matter has attracted local and international news
organisations.
“His continued incarceration is unlawful. We have an
authentic court order from Zimbabwe, showing the cancellation of his warrant of
arrest,” Mr Hodes told the court.
On Thursday, Mr Hodes claimed he handed over documents,
including Sadiqi’s passport, to the National Prosecuting Authority (NPA). Mr
Hodes said Sadiqi owned property in South Africa.
“We have attached his proof of visa permits to our
affidavit. These would assist in showing he is not a flight risk and is
entitled to bail. The accused is applying to have custody of his child in South
Africa.
“There is a court order in Zimbabwe that his child is in
his custody. The High Court in Johannesburg is determining which parent would
be given custody of his 8-year-old son.
“There is no basis to detain him. He was arrested at the
address we had submitted. I am ready to proceed with the bail application. Should
the State decide to proceed with the bail [application], we are ready. If there
is no warrant, he should be released,” he said.
He added, “The chief magistrate in Zimbabwe sent an email
to DPP in SA that the warrant has been cancelled. The only document that gives
this court jurisdiction to hear the matter is a warrant of arrest.
“Absent to that, there is no basis for his detention. The
extradition of a person is done based on the commitment between two states
working together. We are dealing here with a person’s liberty.” Herald
0 comments:
Post a Comment