By Staff Reporter
THE High Court Thursday issued a provisional order businessman, Frank Buyanga must return his five-year-old son to his mother Chantelle Muteswa within 24 hours.
The court also ruled that for the duration of the state of national lockdown, Buyanga shall be entitled to exercise only telephonic access to the minor child between 1830hrs and 1930 hours every day.
If the businessman fails to comply, Justice Manzunzu said the order will serve as a warrant of arrest throughout the country for Buyanga and be brought to court to show cause why he should not be found to be in contempt of the order.
The property mogul has 10 days to appeal against the order.
“If you wish to have the provisional order changed or set aside sooner than the rules of Court normally allow and can show cause for this, you should approach the applicant or applicant’s legal practitioner to agree, in consultation with Registrar on a suitable hearing date,” said Manzunzu.
The provisional order comes two weeks after Buyanga took the minor out of the country few days before Muteswa approached the court.
Buyanga, who is based in South Africa, told his ex through his lawyers that she should approach the courts in that country, “if she wants anything to do with their son now going forward since he is no longer in Zimbabwe 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,” responded the lawyers Manase and Manase.
The mother of the child was instructed to interact with her son through Skype whenever she felt like.
Both parents have custody to the minor.
Killian Kapfidze, Commissioner General of Police, Registrar General, Chief Immigration Officer, Justice Minister and South African Airways were all cited as Respondents.
Last week, the millionaire businessman wrote to the Judicial Services Commission (JSC) and Zimbabwe Anti-Corruption complaining about the judge who heard the hearing.
He complained that President Emmerson Mnangagwa, his sons and his office were interfering with his bedroom affairs by influencing court outcomes.