Crimes and Courts Correspondent
In a groundbreaking decision, Bulawayo Magistrate Vakai Douglas Chikwekwe has discharged a maintenance order requiring Givemore Shekede to pay for the upkeep of two minor children he allegedly fathered with his former girlfriend, Mazvita Chinyoka.
“This is a victory for justice and fairness in child maintenance cases,” said Shekede’s lawyer.
Shekede had been paying $350 monthly for the children’s upkeep, but Chinyoka consistently refused to undergo paternity tests, despite repeated requests.
“The court had previously notified Chinyoka twice about the scheduled tests, but she failed to comply,” said Magistrate Chikwekwe.
“Chinyoka was aware of the booking that had been made and she was sent documents by the court. After this was done, the respondent did not file opposing papers.”
Chinyoka claimed she couldn’t afford travel to Harare for the tests, but the magistrate pointed out her employment with the Ministry of Public Service and Social Welfare.
“She said she has no bus fare to go for the DNA tests, which the applicant paid for and are very costly,” said Magistrate Chikwekwe.
“The applicant has the right to know or have it proven scientifically that the children are his.”
The magistrate acknowledged Shekede’s commitment to the situation, highlighting his payment of monthly maintenance and travel from Gweru to Bulawayo for court proceedings.
“He has played his part by not only paying the monthly maintenance but also travelling from Gweru to Bulawayo,” said Magistrate Chikwekwe.
In his ruling, Magistrate Chikwekwe discharged the maintenance order, halting Shekede’s financial obligations until paternity is established.
“In light of the above, the baton is passed to the respondent, if she still insists the children are biologically the children of the applicant, she still has the opportunity to initiate the DNA tests as the applicant did,” said Magistrate Chikwekwe.
“Accordingly, the maintenance order granted by this court on the 27th of February is hereby discharged, forthwith.”
This landmark ruling has sparked celebration among Zimbabwean men, who see it as a victory for justice in child maintenance cases.
“This decision empowers men to demand paternity tests before being held financially responsible for children who may not be theirs,” said a legal expert.
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