Zimbabwean businessman Frank Buyanga Sadiqi, who was arrested last Thursday in South Africa, was this week remanded in custody to Tuesday this week for his bail hearing.
The 43-year-old was arrested on allegations of kidnapping his son in Harare in 2020 and on charges of contempt of court.
Buyanga appeared before the Randburg Magistrate’s Court on Thursday.
However, his arrest warrant was cancelled on Monday at the Harare Magistrates court, after magistrate Judith Taruvinga said that she had issued the warrant of arrest erroneously.
The South African lawyer representing Buyanga, Laurence Hodes SC, on Thursday called for a speedy bail hearing for his client, saying Buyanga was entitled to bail.
Hodes added that the warrant Interpol executed to arrest Buyanga on 10 November had been cancelled in Zimbabwe.
He said, “his continued incarceration is unlawful. We have an authentic court order from Zimbabwe, showing the cancellation of his warrant of arrest.
“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.
“The chief magistrate in Zimbabwe sent an email to the Director of Public Prosecutions 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.”
Prosecutor Advocate Rutondo Phungo argued that the State had to authenticate the documents they had received from the defence before the bail application could begin.
The matter was postponed to November 22 for verification of the Zimbabwean court order and other documents.
-The Herald
