LAWYERS representing incarcerated businessman Frank Buyanga Sadiqi have said the continued detention of their client has taken a toll on his health.
Reports from South Africa have also indicated that Buyanga has fallen ill while in prison with his lawyers calling on the South African Judiciary to expedite the review of his case.
Buyanga, through his Hamilton Foundation lawyers, said his detention contravened section 50 of the Criminal Procedure Act, which mandates that an arrested person must be brought before a court within 48 hours.
He recently offered R12 million as bail, but was turned down.
“Sadiqi has fallen ill in hospital. He has been subjected to unlawful detention, procedural irregularities and a blatant miscarriage of justice.
“His detention contravenes section 50 of the Criminal Procedure Act, which mandates that an arrested person must be brought before a court within 48 hours,” the lawyers said.
Buyanga was arrested on November 29, 2022, and was only brought to court for his first appearance on December 7, 2022.
The lawyers alleged that there was abuse of power by the SA’s Hawks.
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“The Hawks registered a parallel criminal docket against immigration practitioners who assisted Sadiqi, acting beyond their legal mandate.
“There is also false allegations and lack of evidence: The State’s case against Sadiqi lacks prima facie evidence and the complainant's credibility has been severely compromised,” the lawyers said.
On his alleged escape from prison, the lawyers said their client had been falsely accused of conspiring to escape from prison, with no evidence to support these claims and these allegations were fabricated to deny him bail.
“This allegation has further compromised his right to a fair trial. The statement demands the immediate and unconditional release of Sadiqi, dismissal of all charges and a thorough investigation into the abuses of power by the Hawks, SAPS and other involved authorities.
“The Judiciary is urged to expedite the review of Sadiqi’s case and ensure that justice is served without further delay. The statement also appeals to the judicial and executive community, human rights organisations and all people of conscience to stand in solidarity with Sadiqi.
“As reported earlier, Sadiqi’s detention has taken a toll on his health, with reports indicating that he has fallen sick in prison. His supporters argue that his prosecution is ‘concocted and malicious’ and that he has been denied his fundamental rights, including access to private medical healthcare.”
Recently, Buyanga’s lawyers petitioned the South African presidency, demanding his release following his detention in a Johannesburg facility over allegations of kidnapping, fraud and financial crimes in 2022.
