A Kadoma resident who petitioned Parliament to amend the Maintenance Act, advocating for mandatory DNA testing before men are required to pay child support, is scheduled to appear before the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs this Tuesday to clarify his submission.
The petitioner, Dr Believe Guta, has asked Parliament to consider revising the Maintenance Act [Chapter 5:09] to ensure that the biological parentage of an alleged father is conclusively established before maintenance obligations are imposed. Guta’s petition, submitted under Section 149 of the Constitution of Zimbabwe, raises concerns about what he describes as a significant gap in legal and human rights protection under the current law, particularly Section 23 of the Maintenance Act.
Section 23 of the Maintenance Act allows for the imprisonment of individuals who fail to pay child maintenance. However, Guta argues that the provision can result in serious injustices, particularly in cases where biological paternity has not been legally or scientifically verified.
“Currently, men can be imprisoned for defaulting on maintenance payments even when paternity is disputed or later disproven. This creates a situation where individuals are penalised without proper confirmation of their biological parentage,” Guta noted in his petition.
The petitioner highlighted that the absence of a mandatory paternity test, court declaration, or voluntary acknowledgement of paternity has led to cases where men have been unfairly incarcerated based on disputed claims. Such scenarios, he argued, constitute a violation of fundamental human rights and due process, leaving fathers vulnerable to potential abuse of the legal system.
Kadoma Resident to Present Petition on Mandatory DNA Testing in Maintenance Cases
In his petition, Guta proposed a specific amendment to Section 23 of the Maintenance Act. He recommends the insertion of a clause stipulating that no legal proceedings for maintenance should be initiated unless the alleged father’s paternity is confirmed through one of three means: voluntary acknowledgement by the father, a formal declaration by the court, or a scientifically verified DNA test.
The proposed change is intended to protect both the rights of men accused of fathering children and the integrity of the legal process. Guta emphasises that such an amendment would not prevent children from receiving support but would ensure that obligations are imposed fairly and accurately.
Following the submission of the petition, Dr Guta has been summoned to appear before the Portfolio Committee on Justice, Legal and Parliamentary Affairs. The committee will hear him outline and clarify the issues raised, examine the merits of the proposed amendment, and discuss the potential legal and social implications of requiring DNA confirmation in maintenance cases.
A spokesperson for the Parliamentary Committee said:
“The committee takes petitions such as this seriously, especially when they touch on issues of legal fairness and constitutional rights. Dr Guta’s appearance will provide an opportunity to fully understand his proposals and their impact on both the maintenance system and the citizens involved.”
The petition has already sparked debate among legal experts, civil society organisations, and the public. Proponents argue that mandatory DNA testing would protect men from being unjustly held liable for children they did not father, while critics caution that implementing such a system could increase costs and bureaucratic hurdles in maintenance cases.
Legal analyst Tsitsi Chikukwa commented:
“Dr Guta raises a valid concern. The law must balance the rights of children to maintenance with the rights of men to due process. Introducing mandatory DNA testing in disputed cases could prevent miscarriages of justice while still protecting children’s interests.”
Civil society groups advocating for children’s rights have also weighed in, noting that while paternity confirmation is important, reforms must ensure that children are not left without support while disputes are resolved.
Dr Guta’s appearance before the Parliamentary committee represents a critical step in the potential reform of the Maintenance Act. The discussion is expected to cover not only the technical aspects of DNA testing but also broader implications for human rights, legal accountability, and the administration of justice in maintenance matters.
Parliament will review the committee’s recommendations following the hearing, with the possibility of introducing legislative amendments that reflect both the rights of fathers and the welfare of children. Observers note that if accepted, the proposed reforms could significantly change how maintenance disputes are handled across Zimbabwe, providing clearer legal safeguards and reducing instances of wrongful imprisonment.
Dr Guta’s petition underscores the growing public awareness and activism around issues of fairness and accountability in the country’s legal system. His upcoming address to Parliament is anticipated to be closely watched by lawmakers, legal practitioners, and citizens alike.
Source- ZBC
