Buyanga petitions Matanga, Kazembe

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BUSINESSMAN Frank Buyanga has petitioned Home Affairs minister Kazembe Kazembe and police commissioner-general (CG) Godwin Matanga to act on his “contempt of court, and kidnapping cases” against Chantelle Muteswa.

The development comes as the High Court has annulled a common law practice favouring mothers with the sole custodianship of children and the government is also amending the Guardianship of Minors Act (GMA) to ensure constitutional compliance as well as equal rights for parents.

“The first respondent (CG) has failed and/ or neglected to afford the applicant (Buyanga) the protection of the law, as envisaged in section 56(1) of … Zimbabwe.

“That the first respondent has failed to promptly investigate the reports made by the applicant,” Buyanga’s lawyers said in a March 21 urgent chamber High Court application.

“The first respondent’s lack of prompt investigation has adversely affected the applicant’s rights and best interest of the minor child, who is the subject of the reports.

“Resultantly, the applicant has approached this honourable court to compel the first respondent to act on its constitutional mandate …,” they said, adding urgent action was needed to “execute an arrest warrant against

Muteswa and investigate the disappearance of his biological son”.
While Buyanga has particularly been irked by police inaction over his May 2019 court orders and cases — under R031512, and RRB 4311849 as well as IR030842 — the controversial merchant is also gunning for an extended custody until the mother secures decent accommodation.

He said he had been staying with the minor until Muteswa “kidnapped” him on March 11, this year.
Even, though, Justice Happious Zhou had raised concern about the potential impact of the legal wrangling between Muteswa and the African Medallion Group (AMG) founder on the child’s psyche, it would seem there is no cessation of hostilities as the latter is also complaining that Muteswa was equally disrupting the five year-old boy’s schooling.

“The applicant has a constitutional right to be assisted by the police to assert his rights as determined by the cited court orders.

“It is common cause that the first respondent (Matanga) has failed, refused or neglected to do same,” Buyanga said in his founding affidavit, adding he “stands exposed from not enjoying his constitutional rights and (those) conferred by court orders…”

While the maverick businessman insists he is only seeking “to compel the CG to act on his constitutional obligation”, as the latter has been “acting in a manner that is contrary to the dictates of the supreme law”, he has previously written to Matanga and his deputy Shepherd Mutamba to complain about police conduct in a matter he claims had also been hijacked by external political actors.

“It is, therefore, apparent that the applicant wants nothing more, but to compel the first respondent to exercise a duty imposed on it by the Constitution (in an) impartial and effective manner, there is no mala fide intention on the part of the applicant..,” the AMG boss said.

 

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