DNA TEST ON VICTOR’S ‘SON’ INCONCLUSIVE

MBABANE – ‘Inconclusive’  This sums up the paternity test results of the minor who is alleged to be the son of slain businessman Victor Gamedze.
A paternity test is a medical test, typically a blood test, to determine whether a man may be the father of a particular child.

The paternity test of the minor child was conducted at Ermelo in the Republic of South Africa.
During the tests, blood samples of one of Gamedze’s daughters were used but the outcome was that it was inconclusive.

Inconclusive paternity test results generated by most laboratories typically mean that the probability of paternity was less than 99 per cent.
According to information sourced from paternity experts’ website, there are two common possibilities that can yield an inconclusive DNA result when testing for paternity.

Possibility

The first possibility is that the collected samples did not yield enough DNA, and the second one being that a conclusive answer cannot be reached without adding the biological mother’s DNA to the test.
The inconclusive results of the minor will now require the executor of the estate to seek alternative means to determine the paternity of the child before he (minor) could be included as a beneficiary in the multimillion estate of the slain businessman.
The new executor of the estate is prominent lawyer Derrick Jele, who was appointed by the Master of the High Court after the resignation of senior attorney Sidumo Mdladla.

 Gamedze’s wife Lungile, said all was now in the hands of the executor.  She said the only thing she wanted was the truth and that everything be done according to the law.
“It will be up to the executor but I don’t think he will make any move without having satisfied himself on the paternity of the minor. The most important thing is the truth and to follow the law,” said Lungile. 
She emphasised that all she wanted to know was the truth about the paternity of the child.

On the other hand, the executor (Jele) stated that he would not continue with the distribution of the estate up until the issue of the paternity was resolved. 
This was after he was asked by this reporter, whether he would proceed with the distribution of the estate before having satisfied himself on the paternity of the minor.
“I am of the view that all parties should cooperate so that we can find a common ground to have the matter resolved. The court process will also delay the distribution of the estate,” said the executor
The executor further highlighted that he had since written to the attorneys of the minor child, proposing a meeting.

He said in that meeting, they would agree on a way forward in resolving the paternity issue of the child.
“We were supposed to meet on March 1, 2019 but the meeting did not take place as one of the attorneys involved was not available,” added Jele.
Last year, the mother of the minor, Chantel Littler filed an urgent application seeking an order to change the child’s name and surname.  She wanted the child to be named after the late Gamedze.  The minor was born in Richard’s Bay Hospital on May 3, 2017. He was named Zayne Wandile Littler.

Chantel informed the court that the child was registered under her surname because the law governing registration of birth certificates required that the father of the child could only be included if the certificate was registered in his presence.
She submitted that the Ministry of Home Affairs officers advised her that the law provided that particulars of the father of the child could be included if the father deposed to an affidavit.

Name

“I duly informed Gamedze about the need to alter the name of the child for the completion of the registration. He deposed to an affidavit confirming the minor as his own. However, he died before attesting to the affidavit,” she argued.
Chantel averred that she had powers to apply for the change of her child’s name and surname so that the minor could benefit from the estate of his late father.

She submitted that if the child’s name and surname remained unchanged, he was likely to be excluded during the distribution of the estate. The High Court recently issued a judgment in favour of Nosipho Gamedze, who is also one of Gamedze’s daughters.
Lungile and her two children, Tiyandza and Temalungelo had approached the court seeking an order to compel Nosipho to undergo a DNA test, as they were not convinced that she was the daughter of the late Gamedze.
Their application was dismissed by Judge Nkosinathi Maseko

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