Online Reporter
Lovemore Kadzura
Weekender Reporter
A 21-YEAR paternity dispute came to an end last week after DNA tests confirmed that a Makoni man fathered a child with a deaf and mute woman, prompting Chief Makoni’s community court to order him to pay customary damages and meet the cost of the paternity tests.
Thomas Makwanda had spent more than two decades denying responsibility for the child, forcing the family of the late woman to seek intervention from the traditional court.
After considering the DNA results, Chief Makoni ruled that Makwanda must pay three beasts, three goats and US$120 to cover the cost of the DNA tests.
The chief, however, referred the issue of custody to the Rusape Magistrates’ Court, saying community courts have no jurisdiction over such matters.
The child at the centre of the dispute has down syndrome and has been raised by the mother’s family since birth.
The matter was brought before the court by Clemence Chirinda, whose late sister gave birth to the child in 2003.
Chirinda said his family had spent years trying to convince Makwanda to accept responsibility, but he consistently denied being the father.
“Makwanda has been denying impregnating my sister for the past 21 years. We made several follow-ups, but he remained adamant that he was not the father. Last year, he demanded DNA tests and the results confirmed that he is the biological father,” Chirinda told the court.
He said both families had agreed beforehand that if the DNA tests confirmed paternity, Makwanda would pay damages amounting to three beasts, three goats and US$5 000.
“We also agreed that he would assume custody of the child, and we came to court seeking enforcement of that agreement,” he said.
Despite the DNA test results, Makwanda continued to question their validity, arguing that the lengthy delay in receiving the findings had raised doubts in his mind.
“Yes, we agreed to undergo DNA testing because I was disputing paternity. What I want to know is how long such tests are supposed to take. In November last year, we were told the results would take about two weeks, but we only received them in July 2026,” he said.
Chief Makoni dismissed the argument, explaining that the delay had been caused by a backlog at the laboratory.
“The delay was caused by the laboratory where the tests were conducted. Neither party is responsible for that delay. Laboratory experts informed the court that there was a backlog of tests being processed. The delay cannot be used to challenge the authenticity of the results,” said Chief Makoni.
However, Makwanda maintained that he did not believe he was the child’s father.
“I am still not convinced. I never impregnated their sister and it is difficult for me to accept the results. I stayed at their homestead between 2003 and 2005. Their sister became pregnant and gave birth while I was staying there, but I never had a relationship with her,” he said.
Makwanda argued that because he was constantly in the company of other family members, any romantic relationship would have been noticed.
“I was always with another male relative who also stayed at the homestead. I never had an opportunity to be intimate with their late sister. If there had been a relationship, someone would have seen it. I only agreed to the DNA tests for the sake of peace between our families,” he said.
Chirinda, however, urged the court to uphold the DNA findings, saying his family had carried the burden of caring for the child while Makwanda avoided responsibility.
He told the court that his late sister was deaf and mute and alleged that Makwanda may have taken advantage of her disability.
“Our sister, whom he slept with, was deaf and mute. We are not even sure whether the relationship was consensual or whether he took advantage of her condition,” said Chirinda.
He said the Chirinda family had looked after the child for more than two decades despite repeated efforts to persuade Makwanda to accept responsibility.
“When my sister passed away, I became responsible for the child, who has Down syndrome and requires constant care. I made several trips to Makwanda’s home asking him to take responsibility, but he refused.”
After hearing submissions from both sides, Chief Makoni ruled that the DNA results provided conclusive proof of paternity.
“Makwanda is denying what he knows. The DNA results clearly confirm that he is the child’s father. He is ordered to pay three beasts and three goats as damages and to cover the cost of the DNA tests,” ruled Chief Makoni.
The traditional leader said any disputes relating to custody should be dealt with through the Department of Social Welfare or the courts.
“If Makwanda refuses to honour the agreement regarding custody, the Chirinda family should seek assistance from the Department of Social Welfare or approach the Magistrates’ Court. Community courts do not have jurisdiction over custody matters,” he said.
The court heard that Makwanda immediately paid the US$120 DNA testing fee during the hearing.
Under the payment arrangement approved by the court, he is expected to deliver the first beast in December 2026, with the remaining livestock to be paid after the 2027 tobacco-selling season.
