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Zimbabwean businessman launches fresh freedom bid in South African
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Zimbabwean businessman Frank Buyanga, who has been in detention at the Johannesburg Correctional Centre for more than two years, has launched a renewed legal challenge for his freedom. Buyanga, arrested on November 10, 2022, following a request from Zimbabwean authorities, is entangled in an ongoing legal battle concerning the custody of his minor child with his former girlfriend.
The businessman was initially arrested after a Harare magistrate issued a warrant for his arrest for taking the child to South Africa without the mother's consent. Though the warrant was once canceled, it was reinstated after the prosecution applied successfully for its reinstatement at the High Court last year.
Buyanga was granted bail by the Randburg Magistrates Court, but his release was short-lived, as he was immediately re-arrested on charges of violating South African immigration laws.
In his latest legal application, Buyanga argues that his detention without judicial oversight is unlawful and a violation of his fundamental rights. He claims he has been denied access to legal representation, further exacerbating the breach of his right to a fair trial.
Buyanga's court papers highlight several procedural irregularities, systemic failures in the justice system, and abuse of power, all of which he claims have contributed to the unlawful detention. His legal team argues that these actions have led to irreparable harm and demand immediate judicial relief.
"The actions of the respondents, including the State of South Africa and various government officials, have resulted in flagrant violations of the applicant's constitutional rights," the application states. "The continued unlawful detention has caused harm to Buyanga and undermines constitutional principles."
The court documents also cite several government departments and individuals involved in Buyanga's case, including the South African President, Ministers of Police, Justice, Home Affairs, and various prosecutorial and judicial officials.
Buyanga's legal team further argues that his continued detention is not only unconstitutional but also undermines public trust in South Africa's justice system. They point to an instance on November 18, 2024, when Buyanga was brought to court in contravention of a valid court order that had postponed his bail hearing until January 28, 2025.
In light of these serious constitutional violations and procedural errors, Buyanga's lawyers are urging the court to grant direct access and order his immediate release from detention, declaring the proceedings invalid.
"The respondents' actions have systematically violated Buyanga's rights, undermined court orders, and eroded public trust in State institutions," his lawyers assert. "In the interest of justice and fairness, the immediate release of the applicant is warranted."
As the legal battle continues, Buyanga remains behind bars, awaiting the outcome of his fresh bid for freedom.
The businessman was initially arrested after a Harare magistrate issued a warrant for his arrest for taking the child to South Africa without the mother's consent. Though the warrant was once canceled, it was reinstated after the prosecution applied successfully for its reinstatement at the High Court last year.
Buyanga was granted bail by the Randburg Magistrates Court, but his release was short-lived, as he was immediately re-arrested on charges of violating South African immigration laws.
In his latest legal application, Buyanga argues that his detention without judicial oversight is unlawful and a violation of his fundamental rights. He claims he has been denied access to legal representation, further exacerbating the breach of his right to a fair trial.
Buyanga's court papers highlight several procedural irregularities, systemic failures in the justice system, and abuse of power, all of which he claims have contributed to the unlawful detention. His legal team argues that these actions have led to irreparable harm and demand immediate judicial relief.
The court documents also cite several government departments and individuals involved in Buyanga's case, including the South African President, Ministers of Police, Justice, Home Affairs, and various prosecutorial and judicial officials.
Buyanga's legal team further argues that his continued detention is not only unconstitutional but also undermines public trust in South Africa's justice system. They point to an instance on November 18, 2024, when Buyanga was brought to court in contravention of a valid court order that had postponed his bail hearing until January 28, 2025.
In light of these serious constitutional violations and procedural errors, Buyanga's lawyers are urging the court to grant direct access and order his immediate release from detention, declaring the proceedings invalid.
"The respondents' actions have systematically violated Buyanga's rights, undermined court orders, and eroded public trust in State institutions," his lawyers assert. "In the interest of justice and fairness, the immediate release of the applicant is warranted."
As the legal battle continues, Buyanga remains behind bars, awaiting the outcome of his fresh bid for freedom.
Source - newsday
