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Buyanga to rename his son

by ZimLive
21 Nov 2019 at 21:06hrs | Views
Property tycoon Frank Buyanga has won a court battle to change his four-year-old son's name on his birth certificate.

The South Africa-based African Medallion Group boss is entangled in a bitter fight over the custody of the minor with his ex-girlfriend, Chantelle Muteswa, who is based in Zimbabwe.

His application seeking registration of the child's birth certificate was heard by Harare magistrate, Stanford Mambanje, who ruled in Buyanga's favour.

The Registrar General Clement Masango was cited as the second respondent.

The businessman argued that Muteswa lied that she was not aware who the child's father was when she acquired his birth certificate.

Subsequently, the child was registered in her surname.

Buyanga also sought permission to travel with his son to South Africa for christening.

Mambanje said the couple should acquire a new passport which will stay with the registrar.

The magistrate also ruled that the boy can only travel outside Zimbabwe with the consent of both parents.

Arguing his case through his lawyer, Advocate Jaqualine Rukanda, Buyanga said Muteswa was denying their son a right to his true identity.

"It is common cause that the paternity of the child is not disputed. The first responded acknowledges the applicant as the biological father of the minor but went on to register his name in her surname," she said.

"By doing so, she is denying him his right to family, to his real identity."

The lawyer said Buyanga had to go with his son to the christening ceremony as this "furthers his right to religion."

"There will be no other remedy to the applicant and his son if the baptism is missed," Rukanda argued.

Muteswa's lawyer Munyaradzi Bwanya argued that Buyanga had no justification for taking his son for baptism.

"It is common at law that the religious upbringing of a minor child and decisions relating to this is vested in the custodian parent and not the parent with access as is the applicant in this matter," Bwanya argued.

"The applicant before you has come with an appeal in disguise in that he wants to dictate the religious upbringing of this child yet he had no rights to do so."

He submitted that the boy has never attended a church in South Africa.

Bwanya also told court that the boy was baptised long back, adding that even Buyanga's family attended the event.

According to Buyanga, Muteswa allegedly made the misrepresentation that she does not know the boy's father after she parted ways with him and returned to Zimbabwe.

The couple had been living together in Sandton, South Africa, before they ended their relationship.

Buyanga and Muteswa have several cases involving the minor child still pending before the same court.

Recently, Muteswa was granted guardianship of the minor by Harare civil court magistrate Trevor Nyatsanza.

But Buyanga became the interim custodian after Muteswa's father got evicted from a house he shared with his daughter and grandson.

Muteswa has recently roped in first lady Auxillia Mnangagwa and the Zimbabwe Anti-Corruption Commission in her battle with Buyanga, incensing the businessman.

Source - ZimLive