Story by Fungai Jachi
A petition before Parliament calling for the amendment of the Maintenance Act to include mandatory DNA testing before men are jailed for failure to pay child support has sparked debate.
Maintenance has always been topical, with disputes often centring on the amount payable for a child’s upkeep and whether those receiving support are using the funds appropriately.
The latest petition, however, takes the debate further; should DNA testing be compulsory before one is ordered to pay maintenance?
The call was made by Dr Believe Guta, founder of the Big Brains Legal Clinic in Kadoma, who argues that some men are unfairly jailed for non-payment of maintenance for children that may not be biologically theirs.
“Men are being treated unfairly because they are being jailed if they fail to pay maintenance, yet some of these men are not even the biological fathers. From my work, I have seen that many men are suffering in silence. The government should pay for the DNA tests because the burden must fall on the accuser to prove that the alleged father is indeed the real father. Before someone is jailed, they should be given that opportunity to be certain,” said Dr Guta.
Chairperson of the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs, Honourable Eddison Zvobgo, said the petition will be studied further.
“It was quite an interesting discussion, and we have noted the concerns raised. Basically, he wants men to be given a chance to ascertain paternity before they can be punished for failing to pay child support. We will carry out research to see the prevalence of the matter and make recommendations,” he said.
Some men welcomed the proposal, saying DNA testing would bring fairness.
“It is very necessary because we just have to know from the start so that we pay happily,” said one.
Another added: “I strongly agree that provision should be there because it is not fair to be jailed for failing to provide for a child who is not yours.”
Others said mandatory testing would help close loopholes in the law.
“The law should be clear, a DNA test should be conducted first. What is the point of compelling me to pay maintenance for a child whose partenity i will be unsure of?” asked another.
One man claimed, “Women these days are taking advantage of the law, even dragging three or four men to court to pay maintenance for the same child. If it’s made mandatory, then we won’t have issues.”
The petition has ignited public debate, with the spotlight now on lawmakers.
It now stands to be seen whether Parliament will consider amending the Maintenance Act to give relief to men who feel shortchanged by the current law.
