By Staff Reporter
THE raging child custody feud between millionaire, Frank Buyanga and his ex-girlfriend Chantelle Muteswa has taken a new twist after the businessman left the country with the minor.
Buyanga left the country with the boy at a time a case filed by Muteswa was set to be heard Thursday before the High Court.
The South African based tycoon said Muteswa should approach South African courts in if she wanted anything to do with the minor since he was nolonger in Zimbabwean courts’ jurisdiction.
“He left and he is out of the country on business with the child. This application (Muteswa’s urgent chamber) therefore has been overtaken by events. We believe that while the horse has bolted, this application has become irrelevant in so far as its intents are concerned,” wrote his the lawyers Manase and Manase.
“The applicant (Muteswa), if need be, must apply for an order she may seek in the country where the child may be,” added the lawyers.
Buyanga said in the present case, they were both custodians of the child and as such he was still within the parameters of the law.
“Our client therefore did not act in a manner which transgressed the law.
“The appeal by the applicant (Muteswa) against Zhou’s judgement lapsed as it was not correctly served to the first respondent (Buyanga). In this regard, the appeal is a nullity.”
Buyanga has enjoyed interim custody of the child since mid-last year after Muteswa was evicted from the house she stayed with her father.
She briefly snatched the boy from Buyanga but as the saga unfolded, the businessman reported the matter to the police but did not get any assistance.
On March 23, Buyanga grabbed the boy from his mother’s vehicle at a shopping centre in Waterfalls and notified the police that he has recovered his kidnapped child.
Muteswa also filed an urgent High Court application seeking to recover her son.
The matter, initially set down to be heard on Monday, was postponed after Buyanga’s lawyers said they had not been properly served with the summons.
In her application before the High Court, Muteswa is seeking an order compelling Buyanga and the police to return the five-year-old into her custody.
In the event that the child has been removed from Zimbabwe, Muteswa and her lawyers want such removal to be declared wrongful, and for the minister of justice to establish where the child has been taken and commence procedures for his return.
On the other hand, Buyanga wrote several letters this week and one was addressed to the Judicial Services Commission (JSC) to complain about the judge who will be hearing his case.
He complained that President Emmerson Mnangagwa, his sons and his office was interfering with his personal issues.
Meanwhile, exiled former cabinet minister, Jonathan Moyo commented on the letter saying the alleged interference should worry Zimbabweans.
“Thus 30 March 2020, letter by Frank Buyanga to the JSC should worry right thinking Zimbabweans about its allegations of judicial interference by Mnangagwa and his family. With Khupe’s case in mind, the meddling now covers political, personal and family matters,” said Moyo.