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Ramaphosa's lawyers respond to Buyanga's freedom bid
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Attorneys representing South African President Cyril Ramaphosa have stated that they will abide by the Constitutional Court's ruling following an application by Zimbabwean businessman Frank Buyanga Sadiqi, who is seeking release from detention.
Buyanga has been held at Johannesburg Correctional Centre since November 10, 2022, after his arrest by South African police at the request of Zimbabwean authorities. His detention stems from a legal battle with his former girlfriend over the custody of their minor child.
A Harare magistrate initially issued a warrant for Buyanga's arrest after he took the child to South Africa without the mother's consent. The warrant was briefly cancelled before being reinstated by the High Court in early 2023.
Though he was granted R150,000 bail by the Randburg Magistrates Court, Buyanga was immediately re-arrested for allegedly violating South African immigration laws. Additional charges, including an alleged attempt to flee from prison, were later brought against him.
In October 2023, he faced further legal trouble when the South African Revenue Services charged him with tax evasion, alleging he owed R55 million.
In his latest Constitutional Court application, Buyanga argues that his continued detention without judicial oversight is unlawful and violates his fundamental rights. He claims he has been denied legal representation, further undermining his right to a fair trial.
His lawyers accuse the South African authorities of procedural irregularities, abuse of power, and a blatant disregard for court rulings.
"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," court papers read.
"The second respondent is the President of South Africa, who is the head of State."
In response, Ramaphosa's attorneys confirmed that the President would respect the Constitutional Court's decision.
"Be pleased to take notice that the second respondent, the President of South Africa, will abide by the decision of the honourable court," the legal team stated.
Buyanga's lawyers argue that his detention undermines public confidence in South Africa's justice system. They cite "sustained and systematic abuse of power" by authorities, including the alleged non-compliance with court orders.
"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," his legal representatives stated.
With Ramaphosa distancing himself from the case, the Constitutional Court's ruling will determine whether Buyanga remains in custody or secures his freedom after more than two years behind bars.
Buyanga has been held at Johannesburg Correctional Centre since November 10, 2022, after his arrest by South African police at the request of Zimbabwean authorities. His detention stems from a legal battle with his former girlfriend over the custody of their minor child.
A Harare magistrate initially issued a warrant for Buyanga's arrest after he took the child to South Africa without the mother's consent. The warrant was briefly cancelled before being reinstated by the High Court in early 2023.
Though he was granted R150,000 bail by the Randburg Magistrates Court, Buyanga was immediately re-arrested for allegedly violating South African immigration laws. Additional charges, including an alleged attempt to flee from prison, were later brought against him.
In October 2023, he faced further legal trouble when the South African Revenue Services charged him with tax evasion, alleging he owed R55 million.
In his latest Constitutional Court application, Buyanga argues that his continued detention without judicial oversight is unlawful and violates his fundamental rights. He claims he has been denied legal representation, further undermining his right to a fair trial.
His lawyers accuse the South African authorities of procedural irregularities, abuse of power, and a blatant disregard for court rulings.
"The second respondent is the President of South Africa, who is the head of State."
In response, Ramaphosa's attorneys confirmed that the President would respect the Constitutional Court's decision.
"Be pleased to take notice that the second respondent, the President of South Africa, will abide by the decision of the honourable court," the legal team stated.
Buyanga's lawyers argue that his detention undermines public confidence in South Africa's justice system. They cite "sustained and systematic abuse of power" by authorities, including the alleged non-compliance with court orders.
"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," his legal representatives stated.
With Ramaphosa distancing himself from the case, the Constitutional Court's ruling will determine whether Buyanga remains in custody or secures his freedom after more than two years behind bars.
Source - online
