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.