S v Sadiqi (867 of 2022) [2022] ZWHHC 867 (30 November 2022)

S v Sadiqi (867 of 2022) [2022] ZWHHC 867 (30 November 2022)

The magistrate acted without jurisdiction by entertaining and granting a written application for cancellation of a warrant of arrest through a procedure not provided for in law, reviewed her own previous order despite being functus officio, and disregarded binding superior court judgments. These gross irregularities vitiated the proceedings, rendering them not in accordance with real and substantial justice. The High Court set aside the magistrate's proceedings and order.

Citation
[2022] ZWHHC 867
Parties
Applicant: Frank Buyanga Sadiqi; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
30 November 2022
Case Number
867 of 2022
Procedural Posture
Criminal Review / Judgment on Review of Magistrate's Proceedings
Outcome
Application for cancellation of warrant of arrest struck off; magistrate's proceedings and order set aside.
Legal Topics
Warrants of Arrest, Judicial Independence, Functus Officio, Dirty Hands Doctrine, Jurisdiction of Magistrates, Review of Inferior Courts
Source Language
English
Criminal Law Judicial Review Constitutional Law Warrants of Arrest Judicial Independence Functus Officio Dirty Hands Doctrine Jurisdiction of Magistrates +1 more

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Parties

Frank Buyanga Sadiqi

Applicant

The State

Respondent

Procedural Posture

Criminal Review / Judgment on Review of Magistrate's Proceedings

Legal Issues

  1. 1 Whether the magistrate had jurisdiction to cancel the warrant of arrest issued against Frank Buyanga Sadiqi
  2. 2 Whether the procedure adopted by the magistrate in entertaining a written application for cancellation of warrant was lawful
  3. 3 Whether the magistrate could review or set aside her own previous order

Ratio Decidendi

The magistrate acted without jurisdiction by entertaining and granting a written application for cancellation of a warrant of arrest through a procedure not provided for in law, reviewed her own previous order despite being functus officio, and disregarded binding superior court judgments. These gross irregularities vitiated the proceedings, rendering them not in accordance with real and substantial justice. The High Court set aside the magistrate's proceedings and order.

Court Disposition

Application for cancellation of warrant of arrest struck off; magistrate's proceedings and order set aside.

Orders

  • The criminal proceedings before Provincial Magistrate J Y Taruvinga on 14 November 2022 culminating in the cancellation of a warrant of arrest issued on 22 April 2020 against Frank Buyanga Sadiqi are set aside.
  • The order cancelling the warrant of arrest is set aside and substituted with: 'The application for the cancellation of the warrant of arrest issued against Frank Buyanga Sadiqi Ref CID Law & Order Harare DR 07/04/20 and Waterfalls CR 495/03/2020 issued on 22 April 2020 be and is hereby struck off.'