HARARE – Jailed property mogul Frank Buyanga has filed a South African High Court application seeking an order to stop his extradition for trial in Zimbabwe.

Buyanga has been in jail since November 10 last year following his arrest by the South African police at the behest of the Zimbabwean authorities.

His troubles stem from a protracted tug-of-war with his former girlfriend, Chantelle Muteswa over custody of the estranged couple’s minor child.

A warrant of arrest was issued against him by Zimbabwean magistrate Judith Taruvinga after he took the boy to South Africa without the mother’s consent.

The magistrate however later rescinded the arrest warrant.

The matter spilled into Zimbabwe’s High Court where it is still pending.

Following his arrest, Buyanga was granted bail but was hit with fresh criminal charges by the South African government.

Hearing on his extradition to Zimbabwe is set to commence before the Randburg magistrate’s court in South Africa.

Buyanga insists the court has no jurisdiction to hear his matter arguing that his arrest was illegal.

He says Zimbabwe’s then prosecutor general, Kumbirai Hodzi misled South African authorities when he ordered his arrest.

According to Buyanga, Hodzi failed to alert the South African government that his appeal at the Zimbabwe Supreme Court was not dismissed on its merits but that the court had declined jurisdiction.

He insists his appeal had the effect of suspending that judgement adding that the same legal position also reflects the law in South Africa.

“That order was suspended by operation of law, pending the final determination of my appeal, on its merits.

“I am advised that to the extent that I appealed against case number HH2149/2020, there was no warrant of arrest that could have been issued on it,” he said.

He said Hodzi cherry-picked facts for transmission to South African authorities in what he argues resulted in his “defective arrest”.

“I am further advised that contempt of court is not an extraditable offence in terms of the SADC Protocol on Extradition as read with Criminal Law (Codification and Reform) (chapter 9:23) Act of Zimbabwe.

“I am therefore advised and believe the advice to be correct: to the extent that the sentence for contempt of court in Zimbabwe is a fine or a period of imprisonment not exceeding one year or both, it follows that no request for my extradition should have been made relying upon the alleged contempt charges.

“To that extent, I am advised the extradition request by the government of Zimbabwe was irreparably defective.

“Because I was prima facie arrested unlawfully, the Randburg magistrate court cannot lawfully exercise its jurisdiction over me.

‘By extension, it cannot therefore purport to hold an extradition inquiry that is premised on my unlawful arrest.

“To that extent, the legality of the extradition inquiry is equally tainted.”

Buyanga cited the director of public prosecutions Gauteng Local Division, the South African Minister of Justice and Correctional Services and senior magistrate E Schenetler as respondents.

He is seeking the striking down of an order declaring the extradition warrant of arrest against him dated September 7 2022 and authorised by the senior magistrate, Schenetler.

Buyanga also argues he will not get fair justice back home insisting his ex is in a love relationship with one of President Mnangagwa’s sons.

“I mention in passing that Ms Muteswa has abused her close connections to the First Family in Zimbabwe, to use ZRP to lay the charges of kidnapping and robbery and to illegally procure the authorisation of the warrant of arrest that is relied upon in the extradition request.

“I however reserve the right to disclose his name should the need arise,” he said.