Prosper Dembedza
Herald Correspondent
HIGH COURT Judge Justice Judith Zuyu has granted US$500 bail to Zimbabwean national Simba Nyika, who is awaiting extradition to the United States of America.
Nyika is being represented by his lawyer, Mr Courage Chakawa and Mark Themba Mswelanto of Messrs Chakawa Vhera and Mswelanto Legal Practice.
Justice Zuyu set aside the lower court decision to deny him bail.
In her ruling, Justice Zuyu ordered Nyika to reside at his given address in Harare, Zimbabwe, and notify the investigating authorities and the court of any change of address
She also ordered him to report once a week every Friday between 6 am and 6 pm to CID Commercial Crimes Division (CCD), Mukushi Training Academy.
Nyika was also ordered not to interfere with State witnesses. During the previous sitting, Nyika accused the National Prosecuting Authority of deliberately opposing the granting of his bail, saying the International Police (Interpol), which is dealing with the matter, had consented to have him granted bail.
Nyika, who is wanted in the United States of America, was arrested two weeks ago and has been in detention pending his extradition.
According to the allegations, Nyika is alleged to have committed the offence involving tax returns between February 2012 and December 2013.
He was arrested in the United States in January 2014 and was subsequently deported to Zimbabwe on 10 March 2014.
In February 2023, Nyika was reportedly arrested at Kenneth Kaunda International Airport in Zambia in connection with the same matter, but was subsequently released and permitted to continue his journey.
The matter resurfaced in Zimbabwe in 2026 following the issuance of his warrant of arrest, after which Nyika voluntarily presented himself to INTERPOL Harare.
While applying for bail pending extradition, the Interpol investigating officer did not oppose Nyika’s bail, saying he had no reasons to oppose his release on bail pending extradition, and that he had been religiously reporting at the Interpol offices in Harare.
However, the State at the lower court had opposed his granting of bail, and upheld the State’s submissions.
The defence, however, questioned the justification for the denial of bail despite the investigating officer dealing with the matter not opposing his bail.
They had submitted that the State had failed to demonstrate compelling reasons warranting the deprivation of Nyika’s liberty.
They also argued that to what extent should considerations arising from a foreign extradition request influence the determination of bail by a Zimbabwean court, whose proceedings remain subject to Zimbabwean law.
They further argued that it is not justifiable for a person to remain incarcerated for a prolonged period while extradition proceedings are still pending, without being afforded the bail rights contemplated under Zimbabwean law.
