Frank Buyanga implicates Ramaphosa in alleged abuse by authorities in SA

JOHANNESBURG, South Africa – Controversial Zimbabwean businessman Frank Buyanga, who has been detained at the Johannesburg Correctional Centre for over two years, has launched a fresh bid for freedom, alleging abuse and oppression by South African authorities, including its President Cyril Ramaphosa.

Buyanga’s detention stems from a warrant issued by a Harare magistrate in connection with a custody dispute over his minor child with his former girlfriend. He was arrested by South African police in November 2022 at the request of Zimbabwean authorities.

In his latest application, Buyanga argues that his continued detention without judicial oversight is unlawful and violates his constitutional rights. He claims to have been denied access to legal representation, exacerbating the infringement of his right to a fair trial.

Buyanga’s lawyers assert that the respondents, including the State of South Africa, the President, and various government officials, have engaged in a systematic abuse of power, characterised by arbitrary actions, non-compliance with court orders, and disregard for constitutional principles.

“These grounds illustrate that there has been a flagrant violation of the applicant’s fundamental constitutional rights, systemic procedural failures and irreparable harm caused by unlawful detention, all of which necessitate immediate judicial relief,” reads part of the application seen by the Standard newspaper.

“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 and its officials taken by them when executing their duties while the second respondent is The President of South Africa, who is the head of the first.”

The application has highlighted several procedural irregularities, including the respondents’ failure to adhere to the Criminal Procedure Act, which mandates that a detained individual be brought before a court within 48 hours or as soon as reasonably possible.

Buyanga’s legal team further argues that the relief sought is justified by the significant constitutional violations and serious procedural flaws that have marred the handling of the case.

They request that the court grant direct access, declare the proceedings invalid, and order Buyanga’s immediate release from unlawful detention.

“The respondents have engaged in a sustained and systematic abuse of powers characterised by arbitrary actions, non-compliance with court orders and a blatant disregard for constitutional principles,” the lawyers said.

“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.

“Such actions not only violate the applicant’s rights, but also undermine the integrity of the justice system.”

Buyanga’s lawyers stated: “The respondents have blatantly violated the procedural requirements set out in section 50 of the Criminal Procedure Act, which mandates that a detained individual must be brought before a court within 48 hours or as soon as is reasonably possible. Their failure to adhere to this provision renders their actions unlawful,” the application read.

“The applicant (Buyanga) submits that the relief sought is justified by the significant constitutional violations and the serious procedural flaws that marred the handling of the case from the outset.

“In the interests of justice and fairness, the applicant respectfully requests that this honourable court grants the application for direct access, declares the proceedings invalid and orders the immediate release of the applicant from unlawful detention.”