PATERNITY ROW: CHILD LOOKS LIKE COLLEAGUE - DAD

MBABANE - A 31-year-old man stunned the court when he denied paternity of his seven-year-daughter, claiming that the minor looks like his colleague.

*Sipho of Mbekelweni made the denial despite the DNA results pointing at him as the father of the child. He told the court that his research had pointed out that the child’s mother dated him along with his colleague. “I look almost similar to my colleague, who also dated the mother of the child. The child also looks similar to my colleague,” he told the court in his defence.

Sipho has been charged with contravening Section 212 of the Child Protection and Welfare Act of 2012, in that he intentionally failed to maintain his daughter. The particulars of the offence reflected that Sipho neglected and failed to maintain his daughter since birth. There was also evidence to the effect that Sipho’s family accepted the child as a member of the family during a meeting with his former lover’s family.

When rebutting the evidence, Sipho told the court that the child was never taken to his family. Instead, he stated that the child was taken to his mother’s parental homestead. “The Shongwe family was confused by the complexion but accepted the child. The child’s mother ought to have availed the child on time if she was really mine,” he submitted.

It transpired that the child’s DNA test conducted on condition that Sipho would reimburse *Sonto’s aunt, who offered to pay.  It appeared that Sipho and Sonto’s aunt entered into an agreement, which was reduced into an affidavit prior to the DNA test. However, Sipho denied having entered into any agreement with Sonto’s aunt. He claimed the aunt volunteered to pay for the DNA test.

“Can you define volunteered and borrow for the court?” Sipho asked Sonto’s aunt. In response, she told the court that; volunteer meant doing something from a willing heart, while borrow meant lending something. Sipho told the court that the term volunteer was used during the meeting which resulted in the DNA test. He denied having promised to reimburse Sonto’s aunt after the DNA results.

“I do not think one can volunteer paying DNA for a man who goes around impregnating women without taking full responsibility of his children. You failed to pay back my money within the stipulated time. We made agreements, which resulted in you requesting to pay in monthly instalments of E295. May he pay my money in full because he failed to keep his promises,” said Sonto’s aunt.  

Sipho also pointed at some inconsistencies in the evidence of the child’s mother and her aunt. He stated that the inconsistencies were the basis of his denial.
*Not real names to protect minor.

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