Man pushes for mandatory DNA confirmation in maintenance cases

A Kadoma resident who petitioned Parliament to amend the Maintenance Act to include mandatory DNA testing before men are required to pay child support is set to appear before the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs this Tuesday.

The petitioner, Dr Believe Guta, urged Parliament to consider revising the Maintenance Act [Chapter 5:09] to ensure that the biological parentage of an alleged father is confirmed before maintenance obligations are imposed.

In his petition, submitted under Section 149 of the Constitution, Guta highlighted what he described as a significant legal and human rights gap in the current law, particularly Section 23, which allows for the imprisonment of individuals who default on maintenance payments—even in cases where paternity has not been conclusively established.

Guta argued that the absence of a mandatory paternity test or legal declaration has led to many men being jailed based on disputed or later disproven parentage. He called for an amendment to Section 23 to insert a clause requiring that no legal proceedings be initiated unless paternity is confirmed through voluntary acknowledgement, a court declaration, or a DNA test, particularly in disputed cases.

Parliament has now summoned Dr Guta to clarify the issues raised in his petition as lawmakers consider the proposed reforms to protect both alleged fathers and the rights of children.