Online Reporter
Conrad Mupesa
Mashonaland West Bureau
A Kadoma-based public intellectual and entrepreneur, Dr Believe Guta, has petitioned the Parliament of Zimbabwe to amend the country’s Maintenance Act, calling for mandatory confirmation of paternity before criminal sanctions can be imposed on individuals presumed to be fathers.
In a petition submitted to the Speaker of Parliament, Jacob Mudenda under Section 149 of the Constitution, Guta raised alarm over what he described as a significant legal and human rights gap in the current Maintenance Act (Chapter 5:09), particularly Section 23.
The provision currently allows for the imprisonment of individuals who default on maintenance payments, even in cases where biological paternity has not been scientifically or legally confirmed.
Guta argued that the absence of a mandatory paternity test or legal declaration has resulted in numerous Zimbabwean men being imprisoned based on disputed or later disproved parentage.
“Many have suffered loss of liberty, reputational damage, psychological trauma, and unjust criminal records,” said Dr Guta.
He described the consequences as irreparable harm caused by an outdated and unjust process.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 called on 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, which would require that no legal proceedings be initiated unless paternity is confirmed through voluntary acknowledgement, a court declaration, or a DNA test, especially where paternity is disputed.
The petition is expected to be reviewed by Parliament’s relevant committees as part of the legislative process.
His petition, if it sails through is going to bring relief to men who are taking care of their alleged children in doubt.
Mathew Masinge