By Mary Taruvinga
SOUTH Africa based property tycoon, Frank Buyanga has filed an urgent chamber application with the High Court seeking to have the school which his son attends, Harare International School be drawn into the fight between him and his ex-girlfriend, Chantelle Muteswa.
The two have been fighting over the custody of their four year old boy for years and the businessman recently got interim custody of the child when High Court Judge Happious Zhou ruled Muteswa had no proper accommodation for the boy in HC 8488/19.
As the fights escalates, there have been reports that the First Family is also now involved in the saga.
In a fresh twist of events, Buyanga is now seeking Harare International school to be cited as a respondent in the proceedings so that the school authorities will be compelled to deny Muteswa access to the child.
“I am of the respectful opinion that the first respondent (Harare International School) ought to be joined in these proceedings because it plays a crucial role in the day to day academic life of the minor child, in that it is an institution where our child is getting his education.
“Further Muteswa still exercises her right of access to the minor child and in light of the above interim court order, that is, order in case number HC8488/19 the school should also protect the best interest of the child by not releasing the minor child into the hands of Muteswa as it risks the very same reason that is being avoided by the said order,” he said.
The order Buyanga referred to is a judgement by Justice Zhou who ruled the interests of the child were paramount before he granted him temporary custody on grounds that Muteswa was of no fixed abode.
Buyanga said if the school bars Muteswa from seeing their son it will be protecting his best interests.
He submitted that he has approached the school which turned down his request.
“However the school has refused or was reluctant to do so despite having received a letter from me on the basis that it was not cited in the said court order,” he said.
Buyanga said Muteswa should meet him for a Memorandum of Agreement on the issue of access and custody of the minor child.
The businessman also wants Muteswa to release their son’s South African passport saying he fears Muteswa will run away with the child.
“Worse still in light of the applicant’s knowledge that Muteswa has obtained a 10 year United States of American visa, there is great risk that she has plans to take my minor child with her outside the country without my knowledge and consent and most importantly contrary to the two different court orders which are still extant,” he said.
He said it is important that the school is joined as respondent as it has a bigger part to play in assisting the court officials to enforce the interim order that was granted and the final relief sought in case number HC8488/19.
The case is yet to be set down for hearing.