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Harare High Court
FARAYI JAMES MABASHA v PAMELA GAZI
HH 656-17
Case Details
Court
Harare High Court
Date
27 September 2017
Citation
HH 656-17
Neutral Citation
[2017] ZWHH 656
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MWAYERA J
Full Bench
MWAYERA JMUNANGATI-MANONGWA J
Areas of Law
Family LawChildren's Rights
Keywords
Access rightsMinor childOut of wedlockBest interestsSupervised access
Tags
Child access rightsChildren born out of wedlockBest interests of the child
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Children's Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate erred in granting vague \"reasonable access\" without specific timeframes","issue_type":"mixed","dispositive":"yes","related_facts":"Child's age, parties' acrimonious relationship, need for meaningful relationship"}
- {"issue_text":"Whether supervised access in respondent's presence was appropriate","issue_type":"law","dispositive":"no","related_facts":"Child's young age, evidence of bad blood between parties"}
- {"issue_text":"Whether automatic custody to mother of child born out of wedlock is discriminatory","issue_type":"constitutional","dispositive":"no","related_facts":"Section 56 of Constitution, appellant's argument about discrimination"}
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background
Facts of the Case
Background
The appellant and respondent sired a child out of wedlock on 21 June 2013. The appellant sought access rights from the magistrate's court, which granted reasonable access during weekends in the respondent's presence. Dissatisfied with the vague order, the appellant appealed to the High Court.
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