TINASHE MAKICHI
Frank Buyanga was in court drama following revelations that his legal team misled the High Court on the whereabouts of the businessman in a bid to delay the protracted child custody trial, Business Times has learnt.
Buyanga is currently embroiled in a child custody battle with his ex-wife Chantelle Muteswa.
The businessman has since complained that President Emmerson Mnangagwa’s sons and office were interfering with his bedroom affairs by influencing court outcomes.
The millionaire businessman has since written to the Judicial Services Commission and Zimbabwe AntiCorruption Commission on the conduct of the judge who heard the hearing complaining about the judge who heard the hearing.
The High Court recently issued a provisional order directing Buyanga to return his five-year-old son to the mother within 24 hours.
According to a court order by Justice Manzunzu seen by Business Times, Buyanga’s lawyers reportedly misled the Court on two separate occasions on his whereabouts in a bid to frustrate and delay trial.
Commissioner General of Police, Registrar General, Chief Immigration Officer, Justice Minister and South African Airways were also cited as respondents in matter.
At first the legal team noted that Buyanga was out of Zimbabwe by initially citing that he left through Robert Gabriel Mugabe International Airport and then changed goal posts citing that he had left through Beitbridge Border Post.
As a way of addressing the issue of the whereabouts of Buyanga, the Registrar General was directed to check and verify and confirm to court if Buyanga and the child left Zimbabwe on March 27, 2020 through Robert Mugabe International Airport.
On the resumption of the case on April 6, the Registrar General, the Chief Immigration Officer filed a report in response to the court order.
The report read, “Checks and verification, made by the firth respondent as ordered by the court show that there is no record of Buyanga and the child having left Zimbabwe on March 27, 2020 through RGM Airport.”
Although the legal counsel for Buyanga’s original position was that Buyanga left Zimbabwe on March 27, 2020 through RGM international Airport, faced with the fifth respondent ‘s report, Buyanga’s lawyers changed goal posts citing that the error was on their part in respect to the point of departure.
It was then submitted that the departure was through Beitbridge boarder post and the Registrar General was further directed to check, verify and confirm if Buyanga and the child left Zimbabwe through Beitbridge Border Post. Another report was filed which cited that there was no record of Buyanga leaving Zimbabwe through Beitbridge Border Post.
After a trial, 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.
Buyanga’s child custody battle has since been politicised and has sucked in several political bigwigs.
