By Xolisani Ncube
A Harare magistrate has ordered businessman Frank Buyanga to return his four-year-old son to his estranged lover. Indications are that Buyanga returned the boy to his mother yesterday.
The magistrate, identified as Moyo, sitting at Harare Civil Courts, had ordered that the businessman must be arrested for contempt of court a day after he failed to have his ex-girlfriend Chantelle Muteswa locked up for allegedly defying a court order to give him their child’s passport ahead of the Easter holidays.
The police had initially arrested Buyanga’s ex-lover and she was arraigned before the Harare Magistrates’ Court yesterday where bail was opposed, but the matter crumbled.
Buyanga has a four-year-old child with Muteswa and the two have been fighting for custody of the minor.
The courts gave the mother the right to take care of the child with Buyanga having access to the boy over weekends.
In an affidavit, Muteswa argued that she has legal custody of the child. The woman is also ill, the affidavit revealed.
In the latest case, Buyanga caused Muteswa to be arrested and arraigned before magistrate Barbra Mateko facing charges of refusing to release the minor’s
passport so that Buyanga could travel with him to South Africa over the holidays.
According to state papers, Muteswa was supposed to hand over the child to Buyanga as well as the passport last week.
However, she opted to hand over the passport to her lawyer, Munyaradzi Bwanya of Wilmot and Bennett legal practitioners.
Court papers show that Buyanga was granted an order late on Wednesday last week in which Muteswa was supposed to surrender their son’s passport.
She gave the passport to her lawyer for onward transmission to Buyanga’s representatives before travelling for the holidays.
After failing to get the passport, Buyanga opened a criminal case against his ex-lover and on Friday she was arraigned before a magistrate, where she was
released on free bail after a police officer called to testify in the matter failed to prove why bail should be denied.
A police constable, identified as Jonga, at first said Muteswa should not be given bail, but failed to sustain his arguments forcing Sebastian Mutizirwa, the
state prosecutor, to admit that the state’s bid to deny her bail was weak and had no legal support.
Buyanga and Muteswa have been in the courts since they broke up in 2014 fighting over the custody of their minor child.