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Buyanga’s continued incarceration is unlawful’ – Lawyer of Zim businessman calls for speedy bail hearing

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‘His continued incarceration is unlawful’ – Lawyer of Zim businessman calls for speedy bail hearing

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Ntwaagae Seleka

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A Zimbabwean businessman was arrested last week by Interpol South Africa.

A Zimbabwean businessman was arrested last week by Interpol South Africa.

Getty/Caspar Benson

  • Zimbabwean businessman Frank Buyanga Sadiqi was arrested last week by Interpol South Africa. 
  • The Zimbabwean court cancelled his warrant of arrest on Monday.
  • On Thursday, Sadiqi’s lawyers called for a speedy bail hearing in the Randburg Magistrate’s Court.

The lawyer representing businessman Frank Buyanga Sadiqi, who was detained by Interpol South Africa in Sandton last week, has called for a speedy bail hearing for his client.

Laurence Hodes SC told the Randburg Magistrate’s Court that Sadiqi was entitled to bail.

Hodes added that the warrant Interpol executed to arrest Sadiqi on 10 November had been cancelled in Zimbabwe.

“The South African state is aware of that. We are only awaiting confirmation from the Department of International Relations and Cooperation (Dirco). The matter has attracted local and international news organisations.

“His continued incarceration is unlawful. We have an authentic court order from Zimbabwe, showing the cancellation of his warrant of arrest,” Hodes told the court.

Sadiqi was wanted in Zimbabwe on charges of kidnapping and robbery as well as three counts of contempt of court, News24 earlier reported. 

READ | Zim businessman says SARS is trying to drive him out of SA after R600m in goods allegedly seized

In a statement, police spokesperson Athlenda Mathe said Sadiqi had allegedly kidnapped his son and brought him to South Africa.

Mathe said:

A warrant of arrest was immediately issued by Zimbabwean authorities, after which Interpol Harare also issued a red notice.

On Thursday, Hodes claimed he handed over documents, including Sadiqi’s passport, to the National Prosecuting Authority (NPA). Hodes said Sadiqi owned property in South Africa.

“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,” Hodes added.

READ | Hawks, Interpol arrest 2 men in Pretoria for online romance scam, will seek extradition to US

“The chief magistrate in Zimbabwe sent an email to DPP 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.

“Absent to that, there is no basis for his detention. The extradition of a person is done based on the commitment between two states working together. We are dealing here with a person’s liberty,” Hodes argued.

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.

Phungo said:

His passport needs to be verified by home affairs. Other documents, including the warrant of arrest, must be verified by relevant local departments. We are not ready to proceed. We know bail is a matter of urgency.

“Those documents were provided today, not on 12 November as was expected. We acknowledged the receipt of the warrant. The court should bear in mind that these matters involve Dirco. 

“Dirco will assist in authenticating all documents we have received. The only channel of communication between South Africa and Zimbabwe is through Dirco. Without them giving us instructions, we cannot authenticate their court orders.”

Phungo said it was strange that a Zimbabwean court communicated with the defence instead of the NPA.

“They should have sent the documents to our offices requesting us not to proceed with our prosecution. We need to get the authentication and validity of the court order.

“We believe that Zimbabwe should have made means to inform us about the cancellation of the court order. When we receive such, we will decide. We are still proceeding with the extradition process, as our government had requested.

“There are reasons why such matters should go via Dirco and our justice department. We have requested Dirco to communicate with Zimbabwe to expedite the matter. Interpol also assists in obtaining authentic documents. They are communicating with Zimbabwe.”

The matter was postponed to 22 November for verification of the Zimbabwean court order and other documents. 


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When President Mnangagwa signed a document purporting to be his mate, see the reality?

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Hopewell Chin’ono’s Hypocrisy Exposed by Mr. Tinashe Mpasiri

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On 24 November 2022, Mr. Hopewell Chin’ono shared this tweet on his wall: https://twitter.com/daddyhope/status/1595758807392534528?s=20&t=YflO7bnB-32EN89x_0fPfQ with the following message directed to nameless and faceless South Africans:

“What we ask from South African citizens is for your President to STOP sanitizing Corrupt Rule in Zimbabwe and to STOP lying that our economy was destroyed by sanctions Listen to our President speak about the LOOTING in 1996.

Why doesn’t your president speak about free elections?”

The above mentioned tweet led to a conversation between Mr. Mpasiri, a member of the Justice Under Rule of Law (JUROL) and Mr. Chin’ono as set out on this link: https://heyzine.com/flip-book/d47b109920.html.

When asked why he had chosen to share a video of 1996 in support of his narrative that President Ramaphosa was guilty of sanitizing the corrupt practices by President Mnangagwa and his administration, Mr. Chin’ono responded as follows:

“ZPF leading Public officials operate with criminal business partners to loot public resources. For all intents and purposes sanctions are not the cause of Zim economic quagmire but ZPF looting public purse thru its puppet business partners from as far back as 1996?”

Advocate Matiza, a member of the Justice Under Rule of Law made the following observations and also a participant in the Banking on Africa’s Future (BOAF) – Legal Literacy WhatsApp group, commended as follows: “It is clear from the above that by importing the video in which Mr. Mawere was featured with Minister Mnangagwa as he was known then, Mr. Chin’ono was openly alleging that Mr. Mawere was Mnangagwa’s then criminal business partner who was his accomplice in looting public resources of Zimbabwe.

However, when exposed by Mr. Mpasiri, a member of JUROL and BOAF, Mr. Chin’ono backtracked as set out below:

TINASHE MPASIRI v HOPEWELL CHIN’ONO
TM: Good morning Mr Chin’ono.
My name is Tinashe Mpasiri and I am a member of the Justice Under Rule Of Law (JUROL).
I am an avid follower of your posts and exposé and certainly wish that there were more
Zimbabweans like you, working towards a diverse, inclusive, progressive and prosperous future
for all.
I just wanted to greet you and share with you a post that was shared in a group I am a part of,
that you may be able to shed more light on it.
https://twitter.com/daddyhope/status/1595758807392534528?s=08
HC: Thank you. I did an interview last night on the issue. Feel free to share it in your group
Find it here;
https://twitter.com/daddyhope/status/1595853417355784192?s=46&t=6iHx7x2V4i8IiLZyIobk_g
TM: Thank you very much sir.
Just for your information, I belong to a group with officials from Wits University and questions
arose yesterday after your sharing of the video.
I have been asked to communicate with you so I get clarity, so we can share with a proper
context.
Your narrative on the tweet is about president Ramaphosa’s failure to act on corruption in
Zimbabwe, but the content of the video, appears nothing to do with the corruption angle.
Kindly assist with the link between the two.
HC: Good morning. Thank you for the question and you can share this audio in your group, you have my permission.
President Ramophosa has been at the forefront of saying incorrectly that the economic crisis in Zimbabwe has been caused by sanctions, which is not true.
The video that you are referencing, is meant to show that the economic crisis in Zimbabwe
started way before sanctions were imposed by western countries.
The economic crisis was authored by looting of public funds by ZANU PF elites and their business surrogates and the plunder of the country’s natural resources.
That video shows president Mnangagwa when he was Finance Minister in 1996, speaking at an event in Washington explaining how public funds have been looted.
So my point is that the president of South Africa, Cyril Ramaphosa shouldn’t be going around
misleading unsuspecting audiences, by saying that the economic crisis in Zimbabwe is being
caused by sanctions.
So for instance, president Ramaphosa talks about the social services pressures that are exerted by Zimbabweans coming into South Africa to use things like public services like health care. And all hospitals in Zimbabwe, all central hospitals in Zimbabwe, five of them, they only require 50 million to run without any shortages and that will make sure that Zimbabweans don’t have to cross the border into South Africa to seek public services that are provided through hospitals but these hospitals in Zimbabwe don’t have paracetamol.
The biggest hospital in Zimbabwe, Sally Mugabe hospital does not even have paracetamol, it
doesn’t have basic things like bandages and 50 million is only, that’s all we need to run our
central hospitals, but it’s not being availed to these central hospitals.
Now, ZANU PF by its own admission, says that 150 million USD worth of gold is being smuggled by ZANU PF elites and their surrogates every month. Which means what they steal in one month can run our central hospitals for 3 years.
That is the point that I making that president Ramaphosa is misleading unsuspecting audiences by saying that the crisis in Zimbabwe which is over spilling into South Africa, is being caused by sanctions, it’s not true it’s caused by sanctions. It’s caused by mis-governance. Thank you.
TM: Thank you very much Mr. Chin’ono.
This is very helpful and I believe we can build a shared understanding of only when we engage.
I will share your insights in my circles and beyond.
A number of questions emerge from your audio. By surrogates and having had the benefit to watch the video, who would be the surrogates and especially having regard to the fact that Minister Mnangagwa (as he were then), was speaking to a different subject matter involving empowerment and the role of government in financing it.
I could be wrong, but it is self-evident that he was talking about government programs whose
execution resulted in financial support being diverted to personal use.
Your response to the above would greatly assist.
HC: Surrogates were people like Mutumwa Mawere who was his front until they fell out.
Today surrogates refers to people like Kuda Tagwirei who has been a front for State looting
using his myriad of companies.

Here Mr. Chin’ono identifies Mr. Mawere as Mnangagwa’s front until they allegedly fell out.

This narrative is similar to the one peddled by Chin’ono’s friend and President Mnangagwa’s confidante and lawyer, Mr. Edwin Manikai as follows:

The message above was authored by Mr. Manikai on 27 March 2021 and was addressed to Mr. Fred Mutanda. The version peddled by Mr. Chin’ono is the same as Manikai’s version.
Mr. Manikai in the middle with Mr. Hopewell Chin’ono
Mr. Manikai in the picture with the visiting American delegation of Senators to Zimbabwe and his wife and Hon. Mliswa, Manikai’s best friend.
The SMM heist gang who authored and executed the divestment and deprivation of the control of 26 companies employing 20,000 people in 2004 using public power described as the precursor to the coup of November 2017 that was orchestrated by the same gang against Mugabe after successfully prosecuting the coup against SMM and related entities.

TM: Thank you for the honest response and obviously when I watched the video, I could not make the link between Mutumwa Mawere and the looting.
Perhaps you can share evidence supporting the allegation of surrogacy and the corruption
therefore in, so that I can afford both president Mnangagwa and Mawere to give their own
account of the precise nature of the alleged link between public power and private benefit.
Unfortunately, the video’s content does not establish the causal link which is vital in determining any dispute in an Independent and impartial manner.
HC: I didn’t say Mutumwa was corrupt.
I said that there were public funds that were doled out which amounted to looting.
You are misinterpreting what I said.
The video has nothing to do with Mutumwa being corrupt, it was meant to illustrate how public funds were looted way before sanctions.

Hopewell denies what he said before and claims the video that he intentionally and constructively shared to demonstrate the origins of Mnangagwa’s corruption had nothing to with Mawere being party to the looting of public funds.

TM: Thank you for clarifying and I am intrigued by your response.
You have asserted as true and fact that Mawere was Mnangagwa front and this aspect is not
evident in the video, suggesting that evidence exists that the alleged fronting you are talking
about, is supported by concrete evidence which is required in any bona fide process, seeking to hold people accountable for their conduct or misconduct. I would be grateful if you can identify in precise terms what Mawere front for Mnangagwa.

Mr. Chin’ono on SABC repeating the narrative of corruption as the cause of the Zim crisis.

Advocate Jack Matiza who was incensed by Mr. Chin’ono’s utterances remarked asked: “How can he be held responsible and accountable for social media post that damage another person reputation? My take is Hopewell is also guilty of selective amnesia he is accusing Ramaphosa of when it comes to sanctions, by stating that Mutumwa Mawere was an front of ED without providing any proof to that. Our self acclaimed award winning journalist and human right defender…ought to know that he who alleges must prove, is he not using or abusing social media or public media platforms to make unfounded statements without allowing the accused an opportunity to air their side of the story is itself an abuse of that person’s basic human rights?
To which Mr. Mawere responded as follows: “What if there exists no shared understanding on what are the obligations and rights of citizenship? What Hopewell could be saying is that information that he may possess is true and fact unless proved otherwise because he holds a privileged position in society as a journalist. In this case, affinity politics would compel him to conclude that because I shared the same platform with the current President of Zimbabwe this reality confirms a generally corrupt relationship. You can imagine what the true import of state capture and the legal consequences arising for its existence.”
Advocate Matiza by stating as follows: “There is certainly need to actively contribute to development of such shared understanding and common standards.”
Mr. Mawere commended as follows: “If asked to explain why the conversation is intriguing, what would be your response?

Mr Chin’ono genuinely believes that CORRUPTION is the elephant in the room.

He hold the view that he occupies a special and exceptional position in relation to the affairs of Zimbabwe.

He has a view on the 1996 video.”

When asked by Mr. Mawere, what identified questions arise from the hypocrisy inherent in Mr. Chin’ono’s open attack against Mawere and when confronted by Mr. Manikai, he quickly denied what he had stated as true and fact, Advocate Matiza responded as follows:

1. Abuse of the profession of journalism by an acclaimed journalist who has no respect for the truth in his narratives.

2.How should one define a human rights defender especially having exposed Mr. Chin’ono’s embarrassing performance by first alleging that Mnangagwa was using Mawere as a front only to backtrack and deny his own bold assertions.


3.In the face of hypocrites masquerading as award-winning journalists, what should be the best response to deal with divisive characters who have captured the profession and are using it as a weapon to advance their ulterior motives?

4. Section 2 of the Constitution of Zimbabwe imposes a binding obligation on every person to ensure that the rule of law is promoted, protected and upheld and in this case, what should be done by ordinary citizens to ensure that people like Mr. Chin’ono are accountable for their conduct which is inimical to the rule of law?

5. Does a person like Mr. Chin’ono know that he is also subject to the constitution and possesses no title or authority to maliciously defame other people. How best can he be held accountable for his reckless and dangerous assertions he makes under the cover that he is a journalist par excellence?

6. Does his conduct based on Mpasiri’s excellent interrogation not fall within conduct that is inconsistent with the constitution of Zimbabwe?

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