By Court Reporter
Harare Civil Court magistrate Trevor Nyatsanza has approached the High Court seeking an order to quash court proceedings of a matter he handled involving businessman Frank Buyanga Sadiqi and his estranged girlfriend Chantelle Muteswa.
The couple is fighting over guardianship of their minor son.
Buyanga believes the magistrate is biased and would favour Muteswa, an allegation which has made Nyatsanza to feel uncomfortable.
“This is an application for the quashing of the entire proceedings of the applicant (Nyatsanza) as the presiding magistrate on the hearing of an application for leave to execute pending appeal of an access order under case number CCA205B/19 at the Magistrates (Civil) Court Harare held on May 21,” read Nyatsanza’s application.
On April 17 2019 an application for variation of a cess terms was made.
The order instructed that Muteswa handed over the minor’s passport to Buyanga.
Muteswa appealed against the order days later at the High Court and a ruling on the appeal is still pending.
In his application, Nyatsanza said although he had dealt with, and almost completed, an application by Buyanga which sought to challenge his jurisdiction in dealing with his (Buyanga) matter, he could not proceed handling the matter because the businessman had asked for a recusal.
Nyatsanza said on May 28, 2019, Buyanga wrote a letter of complaint against him alleging his driver one Lloyd had seen him talking to his ex-girlfriend.
Buyanga alleged that whatever determination Nyatsanza was going to give would favour his girlfriend.
Nyatsanza said he downplayed the allegations saying in other cases that had been brought before him concerning the two parties, decisions had in fact been given in favour of Buyanga.
Nyatsanza said in light other circumstances it was wise that the case be taken over by another magistrate.
“I noted that given the nature of the allegations and that I had already written my ruling and endorsed it on the court record, the ruling dismisses the application for leave to execute the access order pending appeal, it was prudent that the matter by another magistrate,” he wrote.