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Self-exiled former ZANU PF Political Commissar <a href="https://pindula.co.zw/Saviour_Kasukuwere">Saviour Kasukuwere</a> has filed an application seeking the cancellation of his warrant of arrest to allow him to contest in the 23 August presidential election.
The warrant of arrest was issued on 17 January 2019 by retired Harare magistrate Hosea Mujaya after Kasukuwere failed to appear for trial on four counts of criminal abuse of office.
<a href="https://www.newsday.co.zw/local-news/article/200012567/kasukuwere-wants-warrant-of-arrest-cancelled">NewsDay</a> reported that in early 2020, the National Prosecuting Authority (NPA) sought the extradition of Kasukuwere from South Africa where he is based.
However, the International Criminal Police Organisation (Interpol), turned down the request claiming that the issue was political.
In his application, which was filed on 02 June 2023, Kasukuwere, through his lawyers, Mhishi and Nkomo Legal Practitioners, said the warrant was issued in error.
Kasukuwere’s lawyers said he appeared before Mujaya on 29 November 2018 to answer to four counts of criminal abuse of duty.
The former ZANU PF Politburo member then took exception to the charges saying they lacked essential elements of the offence of criminal abuse of duty.
The magistrate, however, dismissed the application and Kasukuwere approached the High Court for a review of Mujaya’s decision.
The High Court ruled in his favour.
After upholding Kasukuwere’s application for exception, the High Court then ordered that the warrant of arrest issued by the Magistrates Court be cancelled by Mujaya who issued it. Said Kasukuwere’s lawyers:
<blockquote>
It is accordingly submitted that the applicant (Kasukuwere) has managed to show on a balance of probabilities that the warrant of arrest should be cancelled. It serves no purpose for it to remain in force.
It was rendered void by the High Court in a judgment.
</blockquote>
Kasukuwere lost his ministerial position after the November 2017 military coup that ended the later former President Robert Mugabe’s 37 years in power.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Saviour Kasukuwere Seeks Cancellation Of His Warrant Of Arrest

A senior member of South Africa’s main opposition party, the Democratic Alliance, has threatened to arrest Russian President Vladimir Putin if comes to South Africa.
Western Cape Premier, Alan Winde, said he will arrest Putin if he “sets foot in the Western Cape” and is prepared to face whatever consequences for his stance.
In a statement issued on Thursday, Winde said if Putin does come to South Africa for the BRICS summit in August, the Western Cape will set its law enforcement officers on him. He said:
<blockquote>
If the Russian leader sets foot in the Western Cape, we, as the provincial government, will have him arrested by our own Western Cape Government-funded Law Enforcement Advancement Plan (LEAP) officers. If the South African Police Service is not instructed to act, we will.
</blockquote>
Winde said the Western Cape will arrest Putin in solidarity with the people of Ukraine.
Putin ordered the invasion of Ukraine in February 2022 and millions of Ukrainians have fled the country and are now refugees in several European countries.
Tens of thousands of students who were attending universities in Ukraine were also forced to flee amid the chaos and blaring air raids warning sirens.
The International Criminal Court (ICC) last month issued an arrest warrant against Putin for alleged war crimes committed in Ukraine.
Kremlin is accused of unlawfully deporting Ukrainian children and separating them from their families.
The warrant against Putin in March means Pretoria, due to host the BRICS (Brazil, Russia, India, China and South Africa) bloc summit this year, would have to detain him on arrival.
The South African government has not said whether it will arrest Putin if he comes to the August summit.
In an interview with Newzroom Afrika on Thursday, Winde criticised the Government of President Cyril Ramaphosa for not stating what will happen to Putin if he comes to South Africa. He said:
<blockquote>
I am very happy to make it quite clear in this province, that if Vladimir Putin comes into this province later in the year, I will do whatever is necessary, and we will follow through and make sure that he is arrested and faces his day in court with the ICC.
</blockquote>
OHCHR has estimated the number of deaths of civilians, or non-armed individuals, in Ukraine at over 8 500 thousand since the start of the war on 24 February 2022.
The International Criminal Court (ICC) is a judicial body whose mandate is to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.
The ICC only has jurisdiction over these crimes when they are committed by individuals who are nationals of or whose crimes occurred on the territory of a state party to the Rome Statute, or if the United Nations Security Council refers a case to the ICC.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Western Cape Premier Threatens To Arrest Vladimir Putin

Botswana’s former President Ian Khama has filed an urgent court application seeking the cancellation of an arrest warrant issued against him by a magistrate last week.
Khama’s father, the late Sir Seretse Khama was Botswana’s founding president.
He quit the ruling Botswana Democratic Party in 2019 following a dispute with his successor and incumbent President Mokgweetsi Masisi.
The warrant was issued after Khama, who has been living in South Africa since November 2021, failed to appear in court to answer charges laid against him in April.
The charges include unlawful possession of a firearm, receiving stolen property and procuring the registration of a firearm by false pretense.
The former head of State has asked the high court in Gaborone for the warrant against him to be set aside or for its execution to be stayed, citing a lack of evidence for his prosecution. He said in his court filing:
<blockquote>
The warrant of arrest threatens my right to liberty in circumstances where I have committed no crime…should this warrant of arrest not be stayed or set aside…I would suffer irreparable harm which cannot be compensated for in any form.
</blockquote>
Khama’s lawyer said his client is still waiting to be given a date for the hearing.
Khama has missed court appearances since he was charged in April, saying he feared for his life in Botswana. | <a href="https://www.sabcnews.com/sabcnews/ian-khama-files-urgent-application-to-strike-down-arrest-warrant/">SABC News</a>

Former Botswana President Files Urgent Application To Strike Down Arrest Warrant

The High Court has set aside the cancellation of a warrant of arrest for South Africa-based Zimbabwean businessman <a href="https://www.pindula.co.zw/Frank_Buyanga">Frank Buyanga Sadiqi.</a>
This comes after the National Prosecuting Authority (NPA) of Zimbabwe applied for a review of Harare magistrate Judith Taruvinga’s ruling that cancelled the warrant of arrest earlier this month.
In their judgment overturning the ruling by the lower court, High Court judges Justices Pisirayi Kwenda and Benjamin Chikowero said:
<blockquote>
In a masterstroke, she overturned two judgments of the superior courts … She failed to appreciate the difference between the procedure of setting aside an irregular proceeding and cancellation of an order.
An irregular proceeding is a proceeding contrary to the law and is, thus, a nullity. Such a proceeding is a money event in the eyes of the law. It cannot be cancelled. It can only be set aside by a court of competent jurisdiction.
When the magistrate thought she was merely cancelling a warrant of arrest, she was in fact setting aside her previous order thereby reviewing her own work.
She had no jurisdiction to do so. She had become a functus officio.
</blockquote>
According to an <a href="https://www.merriam-webster.com/legal/functus%20officio">online source</a>, functus officio means “of no further official authority or legal effect” and is “used especially of an officer who is no longer in office or of an instrument that has fulfilled its purpose.”
Justice Kwenda claimed that he had been harassed by Buyanga’s lawyers who were three in number. He said:
<blockquote>
I could have reviewed the proceedings and if need be, obtained concurrence from another judge, peacefully in the comfort of my chambers.
All hell broke loose when I decided to and did invite the legal practitioners who represented Frank Buyanga Sadiqi and the State in their capacity as officers of the court, to assist me with the legal issues which I had identified.
As soon as they arrived, Frank Buyanga Sadiqi’s legal practitioners, three in number, ganged up against me and presented a furious argument aimed at ejecting me from the review process, accusing me of bias.
If it was up to me and not a call of duty, I would have resolved never to do it again.
</blockquote>
Buyanga was arrested in South Africa on 10 November 2022 on charges of child trafficking, immigration law violations, forgery and contempt of court.
He has so far been denied bail by the South African courts. | <a href="https://www.newsday.co.zw/local-news/article/200004369/high-court-reinstates-buyanga-arrest-warrant">NewsDay</a>

High Court Reinstates Warrant Of Arrest For Frank Buyanga

The National Prosecuting Authority (NPA) has applied to the High Court challenging the cancellation of a warrant of arrest for businessman Frank Sadiq Buyanga by Harare provincial magistrate, Judith Taruvinga.
Taruvinga on Monday last week rescinded her ruling because a low-ranking police officer, Sergeant Lilybirth Ndlovu, erroneously applied for the warrant of arrest.
Buyanga’s lawyer Admire Rubaya told the court that the Criminal Procedure and Evidence Act stipulates that a police officer applying for an arrest warrant should be at least at the rank of inspector or an assistant inspector in charge of a police station.
But Prosecutor-General Nelson Mutsonziwa wants the High Court to set aside Taruvinga’s judgment, arguing that the warrant was cancelled without following due process.
Mutsonziwa cited Taruvinga and Buyanga as the first and second respondents, respectively. He submitted:
<blockquote>
The court presided over a matter in which it lacked jurisdiction to cancel a warrant of arrest after it had been executed by law enforcement authorities of the Republic of South Africa under an extradition request made to it by the Republic of Zimbabwe.
There was a gross irregularity in the proceedings or the decision of the court in that the court perpetuated contempt of court by the second respondent by granting his legal practitioner audience in circumstances where the High Court, Supreme Court and Constitutional Court of Zimbabwe, respectively found him to have dirty hands and consequently denied him an audience.
</blockquote>
The matter will be heard this Monday at the High Court before Justice Pisirayi Kwenda.
Buyanga was arrested in South Africa on 10 November 2022, on charges of child trafficking, immigration violations, forgery, and contempt of court.
His arrests emanated from a protracted child custody dispute with his ex-girlfriend Chantelle Muteswa.
There are two other warrants of arrest against Buyanga — one issued by High Court judge Justice David Mangota and the other by Justice Jacob Manzunzu.
Buyanga recently claimed that President Emmerson Mnangagwa and his family are involved in his legal woes.
He said that his former girlfriend is being used by Mnangagwa and his family to get to him. | <a href="https://www.newsday.co.zw/news/article/200003893/npa-challenge-cancellation-of-buyangas-arrest-warrant">NewsDay</a>

NPA Challenge Cancellation Of Buyanga’s Arrest Warrant

Zimbabwean businessman Frank Buyanga Sadiqi, who is involved in a legal battle over the custody of his minor son with ex-girlfriend Chantelle Muteswa, claims President Emmerson Mnangagwa and his family are involved in his legal woes.
Buyanga was arrested on Thursday in South Africa by the international police organisation, Interpol, at Zimbabwe’s request, on allegations of kidnapping his eight-year-old son and violating immigration laws.
The property tycoon is accused of abducting his son in Harare and taking the minor to South Africa.
He has since filed an urgent chamber application with the South African High Court arguing he was unlawfully arrested.
In his papers, Buyanga said he is worried because he is not aware of his son’s whereabouts since his arrest.
He alleged that his former girlfriend is being used by Mnangagwa and his family to get to him. He argued:
<blockquote>
Political influence, use of State machinery and abuse of authority by the Zimbabwean government in this matter as stated somewhere above.
Miss Muteswa is heavily involved with the First Family to the extent that she is willing to be used as a pawn to get to me.
She has had frequent visits to the Zimbabwean State House during my custody battle in Zimbabwe.
There is no merit in this matter that warrants my arrest and detention to the extent that the State is justified in opposing bail.
</blockquote>
Meanwhile, <a href="https://zero.pindula.co.zw/businessman-frank-buyangas-interpol-warrant-of-arrest-cancelled/">a report claims that Harare magistrate Judith Taruvinga on Monday cancelled the arrest warrant against Buyanga</a> after she admitted that she issued it erroneously. | <a href="https://www.newzimbabwe.com/buyanga-languishes-in-south-african-jail-challenges-extradition/">NewZimbabwe.com</a>

Buyanga Blames Mnangagwa Family For Arrest

MDC Alliance vice president Tendai Biti says a report by a daily publication earlier on Monday that Harare magistrate Chido Garwe has issued a warrant of arrest against him shows the depth of “State Capture” in Zimbabwe.
Biti, who is accused of insulting Russian investor Tatiana Aleshina, <a href="https://news.pindula.co.zw/2021/09/20/magistrate-chido-garwe-issues-arrest-warrant-for-biti/">was today issued a warrant of arrest for allegedly failing to appear in court.</a>
<a href="https://twitter.com/BitiTendai/status/1439961721716809732">In a post on Twitter</a>, Biti said he was in court “the whole day”, and Magistrate Stanford Mambanje has since cancelled the warrant.
What perplexed the former Finance Minister was that The Herald reported about the warrant when it was yet to be issued. Said Biti:
<blockquote>
Despite the fact that I was at court by 8.30 AM, State Prosecutor Micheal Reza applied for a warrant of arrest against me in my ongoing persecution engineered by land baron Ken Sharpe.
This was a prepaid warrant as the @HeraldZimbabwe was reporting on the same before its issuance.
In cancelling the Warrant, Magistrate Stanford Mambanje was critical of State position and State lies.
It is quite clear the extent of State Capture and the desperate attempt to silence critical alternative voices. We have never been cowards. We never yielded on matters of principle.
Our struggle is just one. Our struggle is a pure one, is for a just free democratic open Zim in which every citizen will live a happy prosperous life.
Neither Mnangagwa nor his political commissars masquerading as prosecutors will stop wheels of change. A new Zim is beckoning.
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Biti Bemoans State Capture After Magistrate Issues Warrant For His Arrest

A warrant of arrest has been issued for Vice President Constantino Chiwenga’s estranged wife, Marry Chiwenga after she failed to attend court this Monday.
Marry’s lawyer, Beatrice Mtetwa, told magistrate Ngoni Nduna that Chiwenga was at home and could not come to court due to ill health.
Mtetwa suggested that they arrange for an ambulance to ferry her from home to court.
Marry’s trial on allegations of attacking her former maid, Delight Munyoro, as well as attempted murder and money laundering charges, were all set for November 30.
Chiwenga’s trial was supposed to open on 7 September but was postponed to 30 November by Harare magistrate Marehwanazvo Gofa at the request of the prosecution.
Netsai Mushayabasa was off-duty and Charles Muchemwa, who was standing in for Mushayabasa, applied for the postponement, the second in the case after a previous postponement at the request of the defence.
Mtetwa consented to the new date but said she was not sure if her client would be fit enough to attend the trial on the new date because she was still sick and was moving around with a catheter.

Warrant Of Arrest Issued For VP Chiwenga's Estranged Wife

Harare regional magistrate Hosea Mujaya on Friday issued an arrest warrant for former Zanu PF youth leader <a href="https://www.pindula.co.zw/Kudzai_Chipanga" rel="noopener noreferrer" target="_blank">Kudzanai Chipanga</a>.
Chipanga failed to appear in court to answer to charges of a criminal nuisance for wearing the party’s regalia in December 2018. The state outline read in part:
<blockquote>The quartet, well knowing they were expelled Zanu PF as members, took photos of themselves wearing Zanu PF party regalia in the form of hats inscribed ED and kutonga kwaro.</blockquote>
Chipanga’s co-accused are all former ZANU PF members namely; cabinet minister <a href="https://www.pindula.co.zw/Ignatius_Chombo" rel="noopener noreferrer" target="_blank">Ignatius Chombo</a>, Munyaradzi Hamandishe and Matthew Mleya.
According to Chipanga’s lawyer, Tungamirai Muganhiri, Chipanga failed to attend court following a break-in at his house which he had to attend to, an explanation which Mujaya rejected.
<h4>More: <a href="https://www.dailynews.co.zw/articles/2019/11/29/warrant-of-arrest-for-chipanga" rel="noopener noreferrer" target="_blank">Daily News</a></h4>

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