NPA appeals against cancellation of Buyanga’s warrant of arrest

Crime Reporter

The National Prosecuting Authority (NPA) has applied to the High Court challenging the cancellation of a warrant of arrest for businessman Frank Buyanga Sadiqi which was recently issued by Harare magistrate, Mrs Judith Taruvinga.

Sadiqi (43), was recently arrested in South Africa on allegations of kidnapping his son in Harare in 2020 and on charges of contempt of court.

He appeared before the Randburg Magistrate’s Court and was remanded in custody to tomorrow for his bail hearing.

Last Monday, Buyanga had his warrant of arrest cancelled at the Harare Magistrates court after the magistrate Mrs Taruvinga said that she had issued the warrant of arrest erroneously.

However, the Prosecutor-General, Mr Nelson Mutsonziwa on Friday applied to the High Court challenging the cancellation and has cited Mrs Taruvinga and Sadiqi as the first and second respondents, respectively.

He wants the High Court to set aside Mrs Taruvinga’s judgment, arguing that the warrant was cancelled without following due processes.

“The court presided over a matter in which it lacked jurisdiction to cancel a warrant of arrest after it had been executed by law enforcement authorities of the Republic of South Africa under an extradition request made to it by the Republic of Zimbabwe.

“There was a gross irregularity in the proceedings or the decision of the court in that the court perpetuated contempt of court by the second respondent by granting his legal practitioner audience in circumstances where the High Court, Supreme Court and Constitutional Court of Zimbabwe, respectively found him to have dirty hands and consequently denied him an audience,” said Mr Mutsonziwa in the application.