The Herald (Zimbabwe)

JB Matiza withdraws paternity challenge

- Fidelis Munyoro Chief Court Reporter

ZANU-PF Mashonalan­d East chairman Joel Biggie Matiza has withdrawn a court case challengin­g his fatherhood of a “love child”, after being confronted with two previous paternity tests, which he initiated a decade ago.

Both the blood and DNA tests conducted 10 years ago proved that Cde Matiza was the biological father of Tendai Muchando.

Cde Matiza, who lost his case at the magistrate­s’ courts, had approached the High Court for an order compelling Tendai to undergo paternity tests, as he doubted siring him.

Midway through the hearing of the matter before Justice Felistus Chatukuta last week, Cde Matiza’s lawyer told the judge that he was withdrawin­g the case.

Justice Chatukuta sought an explanatio­n from the lawyer on why he was withdrawin­g the case and he said he did not agree with the position taken by Cde Matiza and the instructin­g attorneys, and dissociate­d himself from their views.

Earlier on, Tendai’s lawyer Advocate Sylvester Hashiti assisted by Advocate Method Ndlovu accused Cde Matiza of abusing the court process.

It was argued that the court should not burden itself with actions of an irresponsi­ble father who had failed to conduct his private affairs appropriat­ely.

In his applicatio­n filed at the higher court in September last year, Cde Matiza claimed that Tendai’s mother, Rosemary Muchando, confessed that her son was sired by someone else.

He asked for a compelling order to force Tendai to undergo DNA tests.

Cde Matiza said Rosemary successful­ly sued him for maintenanc­e in 1992, and since then he looked after Tendai as his own son until three years ago when Rosemary confessed that he was not the father.

He further claimed that Tendai was refusing to accept reality, but rather, had become abusive, accusing him and his mother of conniving to misreprese­nt facts over his paternity.

Cde Matiza said Tendai had a propensity of budging into his business premises unannounce­d, demanding to see him.

Tendai, he said, would make requests and demands for financial aid.

If he is denied access into the building, he would act uncouthly, shouting at the top of his voice to draw unnecessar­y attention and in the process polluting the profession­al image of his business premises.

But in his response to the appeal, Tendai urged the court to dismiss Cde Matiza’s applicatio­n for lacking merit.

He insisted that the politician was his biological father and this was proven by two previous tests.

Cde Matiza said the court in two instances, ordered paternity tests, which were conducted both locally and in South Africa, which all conclusive­ly indicated that the politician was his biological father.

Tendai further averred that Cde Matiza was trying to appeal against orders handed down by the magistrate­s’ courts through the back door, arguing this was an abuse of the court process.

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