Att: Hon Justice Matanda-Move
RE: CRIMINAL ABUSE OF OFFICE BY MAGISTRATE N GWATIDZO IN FRANK BUYANGA SADIQI v CHANTELLE TATENDA MUTESWA CCA20SA/18 write to lodge a complaint against Harare Civil Court Magistrate Never Gwatldzo’s conduct In the above matter which I believe to be in contravention of Section 114 of the Criminal taw Codification and Reform Act The Section 174 of the code provides that;
(1) if . public officer, in the exercise of his or her functions as such, intentionally (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b) omits to do anything which it is his or her duty us a public officer to do, for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty its a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or bath
(I) if it is proved, in any prosecution for criminal abuse of Ju4• as a public officer, mar a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.

Mr Gwatidzo, being a Judicial officer, (and therefore a public officer in terms of Section 169 of the ;c r) has no authority to overturn the decision of another magistrate of parallel jurisdiction. He purported to do so, contrary to and inconsistent with his constitutional duties to act lawfully, objectively and fairly. He corruptly issued a ruling in favour of Mr Frank Buyanga Sadiqi in a custody matter between the said Mr Sadiqi and myself brought by Manase and Manase Legal Practitioners on an Ex Parte basis.

On the 19th July 2019, at Harare Magistrates (Civil) Court, Mr Gwatidzo, being in possession of a file case number CCA205A/18 in which the order of another magistrate of similar authority was contained proceeded to “overturn”the decision of that magistrate by giving custody to Mr Sadiqi, which sole custody of the minor child was previously granted to myself. On the basis of that order favourable to him, Mr Sadiqi has detained my four (4) year old son from me since 21′ July 2019 and through Mr Gwatidzo’s disfavor to me, has put me through the otherwise unnecessary but expensive need to approach the High Court for the return of my son in case number HC6037/19 which is now pending before Justice Thou Accordingly, I request your intervention in the form of an investigation in this matter. I approach you in light of the fact that over the course of my dispute with Mr Frank Buyanga Sadiqi, I have had difficulties securing help from the police, in particular police at Borrowdale Police Station who in the past refused to serve court orders on Mr Sadiqi. I attach hereto the copies of the court order of May 27. per Mr Nyatsanza and the purported order issued by Mr Gwatidzo.
Yours faithfully, Chantelle T Muteswa (Ms)