Mum weeps over denied DNA test
MBABANE – A woman who says she has a child with the late former Liqoqo member Mathanzima Dlamini, was in tears when she appeared before the Judicial Commission of Inquiry last Thursday.
5osemary Kenny said members of the Dlamini family were reluctant to present themselves for DNA tests on the child despite a court order and that the minor was unable to attend school due to the lack of funds, as he could not benefit from the estate.
The commission is investigating allegations of malpractice in the Office of the Master of the High Court. Kenny told the commission that she obtained an order that a paternity test be conducted on her teenage child in 2018.
Paternity
She said six years later, the paternity test had not been conducted. Kenny applied for the court order after the widow of the deceased, =anele Nhlabatsi, did not include her child as a beneficiary in the estate when she drew up the distribution account. Nhlabatsi is the executor in the estate.
Her reason, according to the Master’s Office, was that the child was allegedly not fathered by the deceased. The master issued a ruling in the matter and advised Kenny to furnish the Master’s Office with proof that the child was fathered by the deceased.
Kenny approached the High Court, seeking an order that the paternity test be conducted. She told the commission that members of the family of the deceased were reluctant to present themselves for the paternity test to be conducted.
The deceased died in 2014. Kenny said her child was unable to go to school and they were both frustrated.
She mentioned that the attorneys she engaged, about four at various instances, did not take the matter to the end. Kenny also informed the commission that in 2015 or 2016, she and the family of the deceased had previously went to the chief justice (CJ), complaining that a lot was not going right in the file and what was happening with the child.
“The chief justice said we had taken too long and he advised us to go to court and if we failed he would take it from there,” said Kenny.
She mentioned that the meeting with the CJ was also attended by the registrars of the High and Supreme Court.
According to Kenny, the family said if a paternity was required, it would mean that the body of the deceased had to be exhumed.
Her representative at the time, she submitted, informed the court about what the family had said.
The judge, according to Kenny, said she should come to court with the Dlamini family and Nhlabatsi to bring evidence why she disputed that the child belonged to the deceased.
When they returned to court after some time, Kenny said the court directed that they should go to Lancert Laboratories. She alleged that Lancert told the court that in this case, the paternity test could be conducted if the body was exhumed. The judge is said to have advised that the Dlamini family should be informed that there was no other way to do it.
According to Kenny, the child is known to the Dlamini family, including Nhlabatsi, and the deceased supported him during his lifetime.
The Chairperson of the commission, Judge Majahenkhaba Dlamini, wondered what the lawyers were afraid of. He said attorneys were the ultimate people who were taught to think and come up with solutions. He said there was no matter that could not have a solution when there were lawyers.
Duty
“What is their duty then? The court issued an order and means have to be made for the DNA test to be carried out. Why can’t that DNA be done? I don’t understand,” said Judge Dlamini.
Judge Lorraine Hlophe said a DNA test was not the only way to determine a child’s paternity.
In this matter, members of the Dlamini family were said to be reluctant to present themselves for the paternity test to be conducted.
Judge Dlamini said “It is simple; if they are refusing, let it be indicated and there should be no objection. Unfortunately the master cannot do anything in light of the order. The matter has taken too long but lawyers left it hanging. I don’t know what their challenge is. Besasbani?”