News / National
Woman ordered to release Buyanga son's passport
28 Apr 2019 at 12:36hrs | Views
A Harare magistrate Mrs Barbra Mateko has ordered Chantelle Tatenda Muteswa, former girlfriend to business tycoon Frank Buyanga to release the duo's son's passport as part of the access order given by the court.
Muteswa was granted bail and will next appear in court on the 10th of May.
She was facing contempt of court charges for refusing to comply with an order of the court instructing her to release the passport for their minor son to Buyanga.
Buyanga resides in South Africa and he had reported Muteswa to Borrowdale police after she refused to release the child's passport to the applicant.
Muteswa was opposing the release of the minor's passport arguing that Buyanga might want to take the child away from her without the intention of returning him to Zimbabwe.
She also alleged that she fears for the child's security because Buyanga's South African residence is not safe as robbers once attacked it.
However, it was the court's finding that Muteswa failed to prove that the attacks have always taken place and will continue to take place in the future therefore, it was ruled that the attack would not suffice as a ground to prevent access to the child.
The court said it is a regional requirement whenever a child is travelling out of the country to get the consent of the other parent through an affidavit and the respondent must assist in that regard.
The court also said it was of the view that as a reasonable parent, the applicant would not always want to travel with the child outside the country whenever he has access.
The court ruled that it was in the best interests of the child that the father have reasonable access to the child and that the only way would be to allow the release of the passport whenever he is to exercise access rights and therefore ordered that Muteswa release the minor's passport.
Muteswa was granted bail and will next appear in court on the 10th of May.
She was facing contempt of court charges for refusing to comply with an order of the court instructing her to release the passport for their minor son to Buyanga.
Buyanga resides in South Africa and he had reported Muteswa to Borrowdale police after she refused to release the child's passport to the applicant.
Muteswa was opposing the release of the minor's passport arguing that Buyanga might want to take the child away from her without the intention of returning him to Zimbabwe.
She also alleged that she fears for the child's security because Buyanga's South African residence is not safe as robbers once attacked it.
However, it was the court's finding that Muteswa failed to prove that the attacks have always taken place and will continue to take place in the future therefore, it was ruled that the attack would not suffice as a ground to prevent access to the child.
The court said it is a regional requirement whenever a child is travelling out of the country to get the consent of the other parent through an affidavit and the respondent must assist in that regard.
The court also said it was of the view that as a reasonable parent, the applicant would not always want to travel with the child outside the country whenever he has access.
The court ruled that it was in the best interests of the child that the father have reasonable access to the child and that the only way would be to allow the release of the passport whenever he is to exercise access rights and therefore ordered that Muteswa release the minor's passport.
Source - zbc
