By Mary Taruvinga
South Africa based businessman Frank Buyanga has approached the High Court seeking to change his son’s name after his former girlfriend Chantelle Muteswa misled the Registrar General that she does not know her son’s father.
Muteswa allegedly made the misrepresentation after she parted ways with Buyanga and came back to Zimbabwe, the court heard, as the fight over the child’s guardianship escalates.
The child is now registered in Muteswa’s name despite that the two had acquired a birth certificate in Buyanga’s name when they were still staying together in South Africa.
Buyanga, through his lawyers, Rubaya and Chatambudza legal practitioners, has filed a chamber application to compel registration of the minor child in his name.
“When the respondent obtained a birth certificate for the minor child, she misrepresented that the child’s father was not known.
“The applicant (Buyanga) as the biological father of the child ought to be included in the register of births kept by the Registrar General as the father of the minor child,” wrote Buyanga’s lawyer in an application filed at the High Court on May 31.
The Registrar General Clement Masango was cited as the second respondent.
In his founding affidavit, Buyanga wrote saying, “I’m the child’s biological father. I aver that it is in the best interests of the minor child that I be indicated as his father on the birth certificate.”
Buyanga went on to narrate that he had a child with Muteswa although they were not married in terms of the law.
He said they used to stay in Sandton South Africa before they ended their relationship.
“The respondent and I used to reside together in the Republic of South Africa at my apartment, (address provided). The two of us terminated our relationship and the first respondent (Muteswa) took the minor child to reside in Harare.
She obtained an order from the High Court of South Africa to that effect.
“When the first respondent applied for the said birth certificate, she misrepresented, omitted or neglected to indicate to the authorities that I am the father of the minor child. The result was that the birth certificate so issued does not indicate me as the father of the child.
“There is no doubt that I am the father of the minor and Muteswa accepts this…I’m advised, which advice I embrace that the conduct of Muteswa ought to b consistent with the constitution because of its supremacy.
The businessman went on attach documents supporting his submissions including the child’s South African birth certificate registered in his name and an affidavit in which Muteswa confirmed that he is the biological father of the minor.
The two have several cases involving the minor still pending before the same court.
Recently, Muteswa was granted guardianship of the minor by Harare civil court magistrate Trevor Nytasanza.
Nyatsanza has since developed cold feet in handling the matter after Buyanga accused him of having an association with Muteswa resulting in him recusing himself from the proceedings.
The magistrate then approached the High Court seeking quashing of the entire proceedings he had handled involving the couple and application is still pending.