By Staff Reporter
HIGH Court Judge, Happious Zhou has recused himself from dealing with matters involving South Africa based businessman, Frank Buyanga and his ex-girlfriend, Chantelle Muteswa.
This comes after Muteswa, who is embroiled in a bitter fight with Buyanga over the custody of their minor child, filed a complaint with Judge President, Justice George Chiweshe arguing it was not fair that all the cases involving the saga were being allocated to Zhou.
Muteswa said this pattern alone, even without looking at the outcomes of the matters, was a cause for concern.
In a letter dated November 26, 2019, Muteswa petitioned Chiweshe querying how all her High Court matters which involve Buyanga were being allocated Zhou for determination.
“In my view, this pattern alone, even without consideration of the outcomes which always favour one party cannot be explained by coincidence and certainly does not appear to guarantee any fairness,” she said.
“I notice that a pattern has emerged in which all the cases between myself and Mr Frank Buyanga Sadiqi are set down and decided by Justice Zhou,” Muteswa said in a letter that was copied to the Chief Justice Luke Malaba, Zhou and the Judicial Service Commission (JSC).
She said of note was case number HC8488/19 in which Justice Zhou granted the application in favour of Buyanga in the absence of any service to her.
Muteswa said the determination was based on a fabricated story that she has an American Visa.
Muteswa added that in addition to the present matter that had been placed before Justice Zhou, the judge had also deliberated on other matters namely: “Frank Buyanga vs Chantelle Muteswa HC552/19 Urgent application for a compelling order, setdown July 3, 2019, Chantelle Muteswa vs Frank Buyanga HC6037/19, urgent chamber application to compel return of child to custodian, setdown for July 23, 2019, Frank Buyanga vs Chantelle Muteswa HC3971/19, application for joint custody setdown for October 3, 2019 and Frank Buyanga vs Chantelle Muteswa HC8488/19 urgent chamber ex-parte application, setdown October 2019”.
The couple has several cases pending before different courts as their fight over the custodian of their five-year-old son continues.
Buyanga has been with the child since July this year after he was granted interim custody when the boy’s grandfather who accommodated Muteswa was evicted from his home.
Court ruled that Muteswa, who was granted custodianship early this year, had no proper accommodation for the child.