Online Reporter
Conrad Mupesa-Mashonaland West Bureau
A Kadoma-based entrepreneur, Dr Believe Guta, has petitioned the Parliament of Zimbabwe to amend the country’s Maintenance Act for mandatory confirmation of paternity before criminal sanctions can be imposed on individuals presumed to be fathers.
Dr Guta is calling for mandatory confirmation of paternity before imposing criminal sanctions on individuals presumed to be fathers.
In a petition submitted to the Speaker of Parliament, Advocate Jacob Mudenda, under Section 149 of the Constitution, Dr Guta expressed concern over what he described as a significant legal and human rights gap in the current Maintenance Act [Chapter 5:09], particularly Section 23.
This provision currently allows for the imprisonment of individuals who default on maintenance payments, even when biological paternity has not been scientifically or legally confirmed.
Dr Guta argued that the lack of a mandatory paternity test or legal declaration has led to the imprisonment of Zimbabwean men based on disputed or later disproved parentage.
“Many have suffered loss of liberty, reputational damage, psychological trauma and unjust criminal records,” Dr Guta said.
He described these consequences as irreparable harm caused by an outdated and unjust process.
Citing Section 49 (1)(a) of the Constitution, which guarantees the right to personal liberty, Dr Guta urged Parliament to urgently review and amend the law to align it with constitutional safeguards.
He proposed the insertion of a new clause under Section 23 of the Act, mandating that no legal proceedings be initiated unless paternity is confirmed through voluntary acknowledgement, a court declaration, or a DNA test, especially in cases where paternity is disputed.
The petition is expected to be reviewed by Parliament’s relevant committees as part of the legislative process.
