ATTORNEYS of South African President, Cyril Ramaphosa, have said they will abide by that country’s Constitutional Court’s decision following an application made by Zimbabwean businessman Frank Buyanga Sadiqi who recently launched another bid for freedom.
A warrant of arrest was issued against him by a Harare magistrate after he took the boy to South Africa without the mother’s consent.
At one point, the warrant was cancelled, only to be reinstated after the prosecution successfully applied for its reinstatement at the High Court early last year.
Buyanga was once granted R150 000 bail by the Randburg Magistrates Court, but he was immediately re-arrested on a charge of breaching South African immigration laws.
He was further charged with three more offences upon refusal of a plea and has been locked up at the prison since then.
In October 2023, he was also charged for not submitting taxes with a bill of R55 million from the South African Revenue Services.
In the latest application, Buyanga argued that his continued detention without judicial oversight, is not only unlawful, but also in direct contravention of established legal principles.
He said he had been unlawfully denied access to legal representation, further exacerbating the infringement of his right to a fair trial.
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He cited procedural irregularities and systemic failures in the justice system, abuse of power and oppressive actions by the respondents and blatant disregard for court’s ruling and orders, among others.
“The first respondent is the State of South Africa which is the complainant against Buyanga in his criminal trial and is responsible for all actions of the State’s respondents and its officials taken by them when executing their duties while the second respondent is the President of South Africa, who is the head of State,” the court papers read.
In his response, President Ramaphosa, through his attorneys said: “Be pleased to take notice that the second respondent, the President of South Africa, will abide by the decision of the honourable court.”
According to Buyanga’s lawyers, the applicant’s continued detention violates his constitutional rights and erodes public confidence in the justice system.
“The respondents have engaged in a sustained and systematic abuse of powers characterised by arbitrary actions, non-compliance with court orders and a blatant disregard for constitutional principles,” the lawyers said.
“The respondents’ actions on November 18, 2024, where the applicant was irregularly brought before the Randburg District Court in contravention of a valid postponement order, exemplify oppressive State conduct.
“Such actions not only violate the applicant’s rights, but also undermine the integrity of the justice system.”
