FROM DESMOND CHINGARANDE
The Supreme Court yesterday awarded Kudakwashe David Mnangagwa guardianship of his child in a custody battle with the child’s mother, Al-Marie Iris Hall.
The Supreme Court justices, Judges Ephraim Tagu and Emilia Muchawa, ruled that fathers of illegitimate children also have equal access to their children and must play a role in their upkeep.
The verdict follows an appeal by Hall, who challenged the district court’s decision to transfer custody of the child to Mnangagwa.
The judges cited the case of businessman Frank Buyanga against his estranged girlfriend Chantelle Muteswa in their ruling, which stated that fathers must also have custody of minors.
“The Sadiqi (Frank Buyanga) case against Chantelle Muteswa HH249 / 20 sets out the legal situation with regard to custody of illegitimate minors and was used a quo by the court. In addition, the court relied a quo on the provisions of the Guardianship Act and the Universal Declaration of the Rights of the Child.
“These cannot be called irrelevant considerations. One cannot, therefore, successfully disprove the court’s conclusion that the best interests of the child in casu would be best served if they were placed in the care of a stable and responsible person named Mnangagwa. As a result, the appeal is dismissed for a fee, ”judged the judges.
They said Mnangagwa was a good father, while the mother was described as violent and addicted to drugs, who once stayed in a rehabilitation home for three weeks.
Hall reportedly left the baby with a babysitter while she went to clubs multiple times.
Hall’s mother at one point told the court that she was so desperate for drugs that she could even sell her baby for drugs.
Hall’s neighbor also confirmed that she was a violent and suicidal person and had a habit of smashing bottles to attack Mnangagwa.
Through his lawyer, Tinomudaishe Chinyoka, Mnangagwa said Hall threatened to kill himself every time he tried to move out of her home.
The child was born in 2019.
- Follow Desmond on Twitter @ DCingarande1
Comments are closed.