DCS recommends Buyanga’s release after nearly four years behind bars, court rejects application

A legal standoff emerged in court this week after the Department of Correctional Services (DCS) sought relief relating to businessman Frank Buyanga’s continued incarceration, only for the application to be rejected by the court on the basis that it had been brought under the wrong legal provision.

The application, initiated by the Head of Prison through DCS, sought to address Buyanga’s prolonged detention, which is now approaching four years.

However, the presiding magistrate ruled that the application, brought in terms of Section 63 of the Criminal Procedure Act, was defective because the section applies only to persons who have already been granted bail and whose bail conditions are being amended.

“The subsection deals with amendment of conditions of bail,” the magistrate ruled. “You are not out on bail. As a result, my decision is that you are to remain in custody until your matter is finalised.”

The court nevertheless granted a postponement until Friday, 12 June 2026, to allow the Head of Prison to consider amending and properly framing the application under the appropriate legal provisions.

The proceedings took a dramatic turn when Buyanga challenged the State’s assertion that he was not on bail.

Addressing the court, Buyanga argued that he was, in fact, already out on bail in the matter for which he was originally arrested. He maintained that the date of arrest reflected on the charge sheet related to the extradition proceedings under which bail had been granted and paid.

Buyanga further argued that the prosecution had previously stated on record that he remained before the court on the strength of the extradition matter and the warrant associated with that case.

According to Buyanga, there was never a separate warrant of arrest issued in relation to the matter currently being used to justify his incarceration.

“I am incarcerated as a result of the matter which I already have bail in,” Buyanga argued. “If I wasn’t here on the back of that matter, then there would have to be another warrant of arrest. There isn’t one.”

He contended that the State’s position was contradictory, arguing that while prosecutors maintained that he was not on bail, they had previously acknowledged that his detention originated from the extradition proceedings where bail had already been granted.

Buyanga also questioned the legality of his continued detention, arguing that the issue forms part of ongoing litigation before higher courts, including proceedings challenging the basis upon which he remains incarcerated.

The businessman further told the court that the DCS application should not be dismissed merely on technical grounds, as correctional authorities themselves had deemed it necessary to seek judicial intervention after nearly four years of detention.

He argued that the recommendation by prison authorities was a significant development and reflected concerns regarding the appropriateness of his continued incarceration.

The magistrate, however, maintained that regardless of the arguments advanced by Buyanga, the court was bound by the wording of the legislation and could not apply Section 63 in circumstances where the legal requirements had not been met.

While dismissing the application in its current form, the court indicated that correctional authorities remain free to bring a revised application under the correct statutory provision.

The matter was subsequently postponed to Friday, 12 June 2026, to allow the Head of Prison an opportunity to amend the application and determine the appropriate legal mechanism through which Buyanga’s continued detention can be reconsidered.

The case is expected to attract renewed attention, particularly as it now places the spotlight on the unusual position adopted by the Department of Correctional Services, which has effectively sought judicial intervention regarding the continued incarceration of one of Zimbabwe’s most high-profile detainees.