Online Reporter
Prosper Dembedza
Online Reporter
A Harare man, Simba Nyika, who is awaiting extradition to the United States of America, has 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 him being granted bail.
Nyika, who is wanted in the United States of America, was arrested last week and has been in detention awaiting his extradition.
Investigations revealed that Nyika allegedly 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 March 10, 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 a warrant of arrest, after which Nyika voluntarily presented himself to INTERPOL Harare.
He has been remanded in custody since September 24, 2026, while extradition proceedings continue.
His bail application has not been successful, notwithstanding the provisions of section 26(1) of the Extradition Act [Chapter 9:08], which provides that “a person who has been arrested for extradition in terms of the Act shall have the same right to bail and legal representation as if he were arrested in connection with a criminal offence for which he was to be charged within Zimbabwe”.
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 regularly reporting at the Interpol offices in Harare.
However, the State has opposed the granting of bail, and the lower court upheld the State’s submissions by denying him bail.
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 failed to demonstrate compelling reasons warranting the deprivation of Nyika’s liberty.
It was 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.
Nyika is expected to approach the High Court for the bail decision review.
