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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