By Staff Reporter
BUSINESSMAN Frank Buyanga has been ordered to return his minor child to his ex-girlfriend amid reports the four year-old boy has fallen ill.
Last year in April Buyanga and Chantelle Muteswa had a consent agreement regarding custody and access arrangement.
Muteswa’s lawyer Munyaradzi Bwanya of Wilmot and Bennett legal practitioners confirmed his client had been granted an order after a week of drama.
Court papers show that Buyanga was granted an order late Wednesday last week in which Muteswa was supposed to surrender their son’s passport.
Muteswa reportedly deposited the passport with her lawyers for onward transmission to Buyanga’s representatives before travelling for the holidays.
However, it is believed there was miscommunication and the passport was not transmitted forcing the businessman’s “people” to approach Muteswa’s parents demanding the travel document with claims that Buyanga was using officers from the Police Homicide Section fronted by one detective Phekezani.
When Muteswa’s parents indicated they did not have the passport and asked Buyanga to check with her ex-girlfriend’s lawyers, the business mogul instead laid a contempt of court charge against the mother of his child.
On the first working day after the holiday, Muteswa then lodged a notice to appeal against the decision to grant Buyanga her child’s passport under case HC105/19.
Meanwhile, Buyanga failed to return the child as per court order forcing Muteswa to report a counter case of contempt of court.
On Thursday this week police briefly detained on the contempt charge. An order had also been granted by a Harare Magistrate identified as Moyo for the return of the child to have Buyanga arrested on the contempt charge.
According to Bwanya the child has failed to attend school for two days now.
“There are medical records from Trauma Center showing the child has fallen sick. We are trying to persuade the courts to find that removing a sick four year old child from his mother’s custody is not right even if his father is rich, connected and powerful,” said Bwanya.
Buyanga and Muteswa have been in the courts since they broke up in 2014 heckling over the custody of their minor child.
After the consent agreement for access to the child last April, Buyanga in September Buyanga sought a variation specifically demanding unsupervised access and got his request. In January the businessman sought another variation shifting his times of access and was granted alternate public holidays and weekends.
As if that was not enough, in March Buyanga sought an order to be granted the child’s passport to take the child to South Africa. He also wanted to transfer the child from the school. Muteswa has appealed against the order to release the passport but the two were ordered to discuss the transfer of the child to a new school.