Friday, 18 June 2021

BUYANGA'S BABY MAMA WITHDRAWS CUSTODY APPEAL

CHANTELLE MUTESWA, the woman behind a custody battle with businessman Frank Buyanga, yesterday officially withdrew her appeal at the High Court.

According to Muteswa’s lawyer, Munyaradzi Bwanya, she withdrew the appeal because she had noted a recent Supreme Court ruling that had already dealt with her queries.

“We are withdrawing the matter before this Honourable Court because we followed a recent Supreme Court ruling that addressed the same issues.

“Hence we will not burden the court in pursuing the same issues,” Bwanya told the court.

The Supreme Court recently overturned a landmark High Court ruling which granted a biological father of a child born out of wedlock parental control through joint custody.

A ruling by Justice Happious Zhou had granted the businessman joint custody of his minor son.

Zhou had declared that the common law rule granting guardianship and sole custody rights of a child born out of wedlock to the mother was inconsistent with the new Constitution and therefore invalid.

However, Muteswa went ahead to appeal to the Supreme Court, where her application was

upheld, with the court ruling that Justice Zhou made his ruling without checking if joint custody was in the best interests of the child. H Metro

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