HARARE – Harare Civil Court magistrate Trevor Nyatsanza has developed cold feet in a case in which South Africa-based tycoon, Frank Sadiqi Buyanga, and his ex-girlfriend are embroiled in a bitter fight over the custody of their son.
A week after he recused himself from presiding over the case, amid allegations that he was seen associating with Buyanga’s ex-girlfriend, Chantelle Muteswa, the magistrate has approached the High Court seeking an order to quash the entire court proceedings he handled.
In his application, Nyatsanza said this was his best option considering present circumstances.
“This is an application for the quashing of the entire proceedings of the applicant (Nyatsanza) as the presiding magistrate on the hearing of an application for leave to execute pending appeal of an access order under case number CCA205B/19 at the Magistrates (Civil) Court Harare held on May 21,” reads his application.
Nyatsanza was due to deliver a ruling in another matter in which Buyanga had sought to enforce an order in which he had been granted access to the child’s passport pending the hearing of an appeal by Muteswa who is represented by Harare lawyer Munyaradzi Bwanya.
But before the judgment was delivered, Buyanga accused the magistrate of “consulting with Muteswa in his absence and outside court premises” demanding that he recuses himself given that he was now conflicted.
Nyatasanza is now under investigation by the Judicial Services Commission but before that, the magistrate referred the passport matter to the High Court and attached the ruling he was due to deliver.
In his application, Nyatsanza said although proceedings were advanced, he could not proceed with the case because Buyanga alleged that whatever determination Nyatsanza was going to give would favour his girlfriend.
“I noted that given the nature of the allegations and that I had already written my ruling and endorsed it on the court record, the ruling dismisses the application for leave to execute the access order pending appeal, it was prudent that the matter by another magistrate.”
In a ruling made last Wednesday, Nyatsanza ordered that Muteswa must have sole custody of their four-year-old son.
The magistrate, while admitting that the ruling he was to deliver was indeed in Muteswa’s favour, argued that he had never met her until outside open court.
In announcing his recusal, Nyatsanza said: “Given that the ruling is in favour of the respondent, and applicant is the one seeking my recusal, I cannot but recuse myself.”
