News / National
JB Matiza withdraws paternity challenge
14 Feb 2018 at 05:33hrs | Views
Zanu-PF Mashonaland East chairman Joel Biggie Matiza has withdrawn a court case challenging his fatherhood of a "love child", after being confronted with two previous paternity tests, which he initiated a decade ago.
Both the blood and DNA tests conducted 10 years ago proved that Matiza was the biological father of Tendai Muchando.
Matiza, who lost his case at the magistrates' courts, had approached the High Court for an order compelling Tendai to undergo paternity tests, as he doubted siring him.
Midway through the hearing of the matter before Justice Felistus Chatukuta last week, Matiza's lawyer told the judge that he was withdrawing the case.
Justice Chatukuta sought an explanation from the lawyer on why he was withdrawing the case and he said he did not agree with the position taken by Matiza and the instructing attorneys, and dissociated himself from their views.
Earlier on, Tendai's lawyer Advocate Sylvester Hashiti assisted by Advocate Method Ndlovu accused Matiza of abusing the court process.
It was argued that the court should not burden itself with actions of an irresponsible father who had failed to conduct his private affairs appropriately.
In his application filed at the higher court in September last year, Matiza claimed that Tendai's mother, Rosemary Muchando, confessed that her son was sired by someone else.
He asked for a compelling order to force Tendai to undergo DNA tests.
Matiza said Rosemary successfully sued him for maintenance in 1992, and since then he looked after Tendai as his own son until three years ago when Rosemary confessed that he was not the father.
He further claimed that Tendai was refusing to accept reality, but rather, had become abusive, accusing him and his mother of conniving to misrepresent facts over his paternity.
Matiza said Tendai had a propensity of budging into his business premises unannounced, demanding to see him.
Tendai, he said, would make requests and demands for financial aid.
If he is denied access into the building, he would act uncouthly, shouting at the top of his voice to draw unnecessary attention and in the process polluting the professional image of his business premises.
But in his response to the appeal, Tendai urged the court to dismiss Matiza's application for lacking merit.
He insisted that the politician was his biological father and this was proven by two previous tests.
Matiza said the court in two instances, ordered paternity tests, which were conducted both locally and in South Africa, which all conclusively indicated that the politician was his biological father.
Tendai further averred that Matiza was trying to appeal against orders handed down by the magistrates' courts through the back door, arguing this was an abuse of the court process.
Both the blood and DNA tests conducted 10 years ago proved that Matiza was the biological father of Tendai Muchando.
Matiza, who lost his case at the magistrates' courts, had approached the High Court for an order compelling Tendai to undergo paternity tests, as he doubted siring him.
Midway through the hearing of the matter before Justice Felistus Chatukuta last week, Matiza's lawyer told the judge that he was withdrawing the case.
Justice Chatukuta sought an explanation from the lawyer on why he was withdrawing the case and he said he did not agree with the position taken by Matiza and the instructing attorneys, and dissociated himself from their views.
Earlier on, Tendai's lawyer Advocate Sylvester Hashiti assisted by Advocate Method Ndlovu accused Matiza of abusing the court process.
It was argued that the court should not burden itself with actions of an irresponsible father who had failed to conduct his private affairs appropriately.
In his application filed at the higher court in September last year, Matiza claimed that Tendai's mother, Rosemary Muchando, confessed that her son was sired by someone else.
He asked for a compelling order to force Tendai to undergo DNA tests.
He further claimed that Tendai was refusing to accept reality, but rather, had become abusive, accusing him and his mother of conniving to misrepresent facts over his paternity.
Matiza said Tendai had a propensity of budging into his business premises unannounced, demanding to see him.
Tendai, he said, would make requests and demands for financial aid.
If he is denied access into the building, he would act uncouthly, shouting at the top of his voice to draw unnecessary attention and in the process polluting the professional image of his business premises.
But in his response to the appeal, Tendai urged the court to dismiss Matiza's application for lacking merit.
He insisted that the politician was his biological father and this was proven by two previous tests.
Matiza said the court in two instances, ordered paternity tests, which were conducted both locally and in South Africa, which all conclusively indicated that the politician was his biological father.
Tendai further averred that Matiza was trying to appeal against orders handed down by the magistrates' courts through the back door, arguing this was an abuse of the court process.
Source - the herald
