News / National
Buyanga case takes new twist
22 Jun 2019 at 15:45hrs | Views
THE High Court has issued a provisional order barring businessman Frank Buyanga from taking with him his minor son to South Africa, as the fight for custody of the child takes a new turn.
Buyanga and his ex-lover Chantelle Muteswa have been embroiled in a nasty fight over custody of the minor. The latest court order came after Muteswa had appealed a lower court ruling which recently directed her to hand over the four-year-old child's passport to the businessman to enable him take the child to South Africa.
Through her lawyer Munyaradzi Bwanya, Muteswa challenged Buyanga's demand to be accorded same rights as the child's mother and be allowed to take the minor to other countries.
She argued that there was nothing Buyanga could do with the child in South Africa which could not be done in Zimbabwe.
High Court judge Justice Jacob Manzunzu held that there was no hurry in removing the child from the jurisdiction of the mother before conclusion of the matters before the courts.
"Please take not that on 19th day of June, 2019, the High Court sitting at Harare before the Honourable Mr Justice Manzunzu issued a provisional order as shown," part of the order read.
"The annexed chamber application, affidavit and documents were issued in support of the application for this provisional order.
"If you intend to oppose the confirmation of this provisional order, you will have to file a notice of opposition in form No 29B together with one or more opposition affidavits with the registrar of the High Court at Harare within 10 days after the date of which this provisional order and annexures were served upon you. You will also have to serve a copy of the notice of opposition as affidavit/s on the applicant at the address for service specified in the application.
"According to Justice Manzunzu, Buyanga should show cause to the court why an "order in the following terms should not be granted: Execution of the magistrate court ruling in the matter CCA205/18 be and is hereby stayed pending the determination of application for review in matter number HC4954/19. The opposing respondent to pay the costs of application."
"Pending the return day it is hereby ordered that, respondent be and hereby ordered not to remove the minor child from Zimbabwe," Justice Manzunzu ruled.
Buyanga and his ex-lover Chantelle Muteswa have been embroiled in a nasty fight over custody of the minor. The latest court order came after Muteswa had appealed a lower court ruling which recently directed her to hand over the four-year-old child's passport to the businessman to enable him take the child to South Africa.
Through her lawyer Munyaradzi Bwanya, Muteswa challenged Buyanga's demand to be accorded same rights as the child's mother and be allowed to take the minor to other countries.
She argued that there was nothing Buyanga could do with the child in South Africa which could not be done in Zimbabwe.
High Court judge Justice Jacob Manzunzu held that there was no hurry in removing the child from the jurisdiction of the mother before conclusion of the matters before the courts.
"The annexed chamber application, affidavit and documents were issued in support of the application for this provisional order.
"If you intend to oppose the confirmation of this provisional order, you will have to file a notice of opposition in form No 29B together with one or more opposition affidavits with the registrar of the High Court at Harare within 10 days after the date of which this provisional order and annexures were served upon you. You will also have to serve a copy of the notice of opposition as affidavit/s on the applicant at the address for service specified in the application.
"According to Justice Manzunzu, Buyanga should show cause to the court why an "order in the following terms should not be granted: Execution of the magistrate court ruling in the matter CCA205/18 be and is hereby stayed pending the determination of application for review in matter number HC4954/19. The opposing respondent to pay the costs of application."
"Pending the return day it is hereby ordered that, respondent be and hereby ordered not to remove the minor child from Zimbabwe," Justice Manzunzu ruled.
Source - newsday
