CONTROVERSIAL businessman Frank Buyanga, who recently kidnapped his child has on Thursday been ordered to return the minor child in twenty-four hours, Zim Morning Post has learnt.
In a provisional order issued by Justice Manzunzu, Buyanga is obliged to deliver the child at Waterfalls Police Station or his ex-girlfriend Chantele Muteswa’s Highlands house.
“First responded is hereby ordered to return child Daniel Alexander Buyanga Sadiq to applicant at Waterfalls Police Station, No 3 Uplands road Highlands and the applicant ‘s lawyers Messrs Mtombeni and Mukwesha and Partners wherever sooner within 24 hours of service,” read part of the order.
Buyanga was also ordered to surrender the child’s passport to the applicant. He was also given telephonic access to the child, wherein he can only call him for one hour a day.
This particular order applies to the national lockdown period and state of emergency declared by President Emmerson Mnangagwa.
Three weeks ago, Buyanga violated a High Court interim order HC5011/19 where he was ordered not to remove the minor child from Zimbabwe.
He flew out along with the child aboard a Dubai registered chartered plane destined for South Africa.
The plane was however refused clearance at OR Tambo International airport and had to re-route to Dubai.
Muteswa”s lawyer Munyaradzi Bwanya told Zim Morning Post that failure to comply with the latest order, Buyanga will have to answer to contempt of court charges.
“If he fails to deliver the child, he is in contempt of court and must be arrested and brought to personally appear in court to answer charges of contempt.
“In such a scenario,this order will now serve as a warrant for his arrest,” Bwanya said adding: “It is not in the best interest of any five year old child to be violently removed from his mother. It is equally bad that the child cannot be accounted for, 18 days after the child was kidnapped, even the court, the upper guardian of the child has no idea where the child is.”
Buyanga kidnapped the child three weeks ago in Waterfalls after a long-drawn custody battle pitting him and Muteswa.
The couple was granted a joint custody by High Court judge Justice Happious Zhou, but the ruling was to be suspended after Muteswa appealed to the Supreme Court.
After the kidnapping incident, Buyanga’s lawyer Wilson Manase advised that his client had gone on a business trip outside the country, along with the child.
Meanwhile, Buyanga’s lawyers insist that the joint custody order subsists since their client was not properly served with papers suggesting otherwise.
Buyanga was given 10 days to file a notice of opposition to the latest order to the Registrar of High Court.
The provisional order obliging Buyanga to return the child was issued pending determination of Muteswa’s Supreme Court appeal contesting Justice Happious Zhou’s landmark joint custody ruling.