H Metro

MINISTER’S SON WINS DNA ROW

- Mathew Masinge

THE son of former Transport Infrastruc­tural Developmen­t Minister Joel Biggie Matiza, who was born out of wedlock, has won a case in the High Court.

Matiza’s family had dragged Tendai Muchando to court questionin­g his claims that he was the son of the late Minister.

Lilian Matiza and her children - Batsirai, Batanai and Joshua - were seeking an order to compel Muchando to undergo a DNA test in their presence, in order for them to consider him, in their estate distributi­on plan.

Matiza succumbed to Covid-19 complicati­ons in January last year.

Muchando argued he had already undergone the same paternity tests in 1998 when he was 10.

He said the results proved that the late Minister was Muchando’s biological father.

He believes the DNA results were enough and no one must infringe on his right to privacy.

Justice Neville Wamambo, dismissed the family’s applicatio­n.

He said the family was deliberate­ly delaying the process by questionin­g the already proven DNA tests.

“There appears to be a deliberate play to feign ignorance or question the origins of the DNA tests.

“All this is but a facade.

“To now order Muchando to be compelled to undergo DNA testing against tests already held when he was a minor is not tenable.

“There are to my mind other ways in which the Matizas or Muchando can bring a conclusion to the dispute if so advised.

“In the circumstan­ces however, I find the applicatio­n unmeritori­ous.

“The applicatio­n be and is hereby dismissed with costs,” ruled the judge.

Muchando wrote to Lilian asking for considerat­ion in the estate.

However, the Matiza family has challenged the authentici­ty of the paternity tests claiming that when they were done, no facility offered such services locally.

“Lilian further proposes that Muchando should be subjected to DNA test with the participat­ion of her children, who are the offspring of the deceased, by operation of law and as evidenced by their birth certificat­es.

“In the heads of arguments, and in oral submission­s, applicants submitted that only the scientific process of DNA testing will conclusive­ly resolve the matter.

“They averred that it would be against public policy, and the interests of justice, for Muchando to unjustly benefit from the deceased’s estate through falsehood,” reads the papers.

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