A Gweru man is breathing a sigh of relief after a Bulawayo magistrate discharged a maintenance order compelling him to pay for the upkeep of two minor children he allegedly sired with a former girlfriend, Mazvita Chinyoka.
This landmark ruling, delivered on Monday by Magistrate Vakai Douglas Chikwekwe, has brought a wave of excitement to Zimbabwean men, who see it as a victory for those seeking clarity and fairness in child maintenance cases.
Givemore Shekede had been paying US$350 monthly to Chinyoka for the upkeep of the children, aged 12 and eight. However, a cloud of uncertainty hung over the situation, as Chinyoka consistently refused to undergo paternity tests, despite repeated requests from Shekede and the court.
Court records reveal that Chinyoka has been evading paternity tests, seemingly to avoid confirming whether the children are indeed Shekede’s. This blatant disregard for the legal process and Shekede’s right to know the truth finally caught up with her in court.
In a firm and decisive ruling, Magistrate Chikwekwe ordered Chinyoka to immediately submit herself to paternity tests at the National Blood Services in Harare. He highlighted that the court had previously notified Chinyoka twice about the scheduled tests, but she failed to comply.
“Chinyoka was aware of the booking that had been made and she was sent documents by the court. After this was done, the respondent did not file opposing papers,” said Mr Chikwekwe.
Chinyoka’s defence centred on her alleged inability to afford travel to Harare for the tests. However, the magistrate pointed out that she is employed by the Ministry of Public Service and Social Welfare, demonstrating her awareness of the law and her ability to understand the gravity of the situation.
“She said she has no bus fare to go for the DNA tests, which the applicant paid for and are very costly. The applicant has the right to know or have it proven scientifically that the children are his,” said Mr Chikwekwe.
The magistrate also acknowledged Shekede’s commitment to the situation, highlighting that he had not only been paying monthly maintenance but had also travelled from Gweru to Bulawayo for the court proceedings.
“He has played his part by not only paying the monthly maintenance but also travelling from Gweru to Bulawayo,” said Mr Chikwekwe.
In a pivotal moment, the magistrate discharged the maintenance order, effectively halting Shekede’s financial obligations until paternity is established. He also emphasized that Chinyoka still has the opportunity to initiate the DNA tests if she maintains that the children are biologically Shekede’s.
“In light of the above, the baton is passed to the respondent, if she still insists the children are biologically the children of the applicant, she still has the opportunity to initiate the DNA tests as the applicant did. Accordingly, the maintenance order granted by this court on the 27th of February is hereby discharged, forthwith,” ruled Mr Chikwekwe.
This ruling has sparked a wave of celebration among Zimbabwean men, who see it as a long-awaited victory for those seeking justice in child maintenance cases.
The decision empowers men to demand paternity tests before being held financially responsible for children who may not be theirs. It also serves as a strong reminder that the courts will not tolerate blatant disregard for the law and the rights of individuals.
While some may argue that the ruling could potentially disadvantage children, it’s crucial to remember that the primary objective is to ensure fairness and transparency in the legal process.
