By Mary Taruvinga
SOUTH Africa based Zimbabwean businessman, Frank Buyanga, who is embroiled in a fight over guardianship of his son with an ex-lover, has taken his case to the High Court.
Buyanga is now seeking joint guardianship rights and at the same time, he has written a letter to police Commissioner General, Godwin Matanga accusing his subordinates of corruptly handling the case in which his ex-lover is facing contempt of court charges.
In his letter, Buyanga singled out one police officer, Superintendent Mavhudzi of Borrowdale police station saying the latter was corruptly interfering in his case.
“A fortnight has lapsed since I submitted a letter of complaint regarding alleged corrupt behaviour by Superintendent Mavhudzi. I have not received any satisfactory feedback regarding my complaint,” said Buyanga.
The businessman said after he reported his ex-girlfriend, Chantelle Muteswa recently, he was called by the investigating officer who informed him that he had been ordered to release Muteswa immediately adding that it was a directive from Mavhudzi.
“I do not understand why this happened; the only logical conclusion is that he had been compromised as an officer of law. I don’t believe this corrupt behaviour represents the values of the ZRP,” he said.
In his High Court application, Buyanga said Muteswa was abusing her sole custody rights.
Muteswa landed in the dock after she failed to furnish Buyanga with the child’s passport during Easter holidays.
The case is still pending with reports that the prosecutor general is handling the docket.
In his application, Buyanga said he wants joint custody and guardianship, and that “the rights be exercised in consultation with each other and if a decision of either party is contrary to the child’s life, health and morals the issues may be taken to judges’ chambers”.
“We were not married in terms of any law at the time the minor child was born and used to reside together in South Africa and when we terminated the relationship, Muteswa relocated to Harare with the child,” said Buyanga.
“Despite Muteswa’s knowledge of the order to release the passport to me, she did not, in contempt of a court order of April 17,” he wrote.
“The respondent went into hiding, simply seeking to scuttle my access rights. I even visited her place of residence in the company of police officers but she was not there. Her conduct traumatised the minor child given that he was ready to travel with me to South Africa over Easter holidays,” he said.
Buyanga said Muteswa’s conduct was inconsistent with provisions of the Constitution that safeguards the interests and rights of children.
He said his son should be treated exactly the same way as any other children born in wedlock.
Buyanga added that there is no warrant for any differential treatment.
“He has the right to equal protection and benefit of the law just like any other children.”
“It is not in the interests of the child for respondent to continue having sole custody and guardianship of the child if she uses it to generate conflict.”