Lawyer Exposes Jailing of Innocent Men Over Unproven Paternity in Child Support Scandal

Kadoma-based legal expert Dr. Believe Guta has accused Zimbabwe’s justice system of jailing innocent men for child support debts without any proof they are the biological fathers, sparking nationwide outrage and urgent calls for legal reform.

This week, Dr. Guta submitted a petition to Parliament demanding a complete overhaul of Section 23 of the Maintenance Act, which currently allows courts to imprison men based on unverified paternity claims. He called the practice a constitutional disaster that violates basic human rights.

“Men are being locked up on mere accusations, with no DNA tests or evidence—and some are later proven not to be fathers,” Guta said.

“This isn’t justice; it’s a violation of the Constitution’s presumption of innocence.”

He cited alarming cases where men were jailed and later cleared through DNA evidence. He referenced data from private labs suggesting that 72% of paternity tests come back negative, though experts have cautioned that these figures could reflect sampling bias, since tests are often requested in cases of doubt or dispute.

Guta’s Bold Proposal

Dr. Guta is calling for a complete shift: no man should be penalised unless paternity has been proven through a DNA test, confirmed by a court ruling, or admitted voluntarily. Without this, he argues, the justice system is enabling a gross miscarriage of justice.

“People shouldn’t lose their freedom based on guesses,” he said, urging Parliament to act immediately and stop what he described as systemic abuse of the law.

Global Context: Zimbabwe’s Law Lags Behind

The issue has international precedent. In South Africa, the Maintenance Act of 1998 requires a DNA test when paternity is challenged, preventing wrongful convictions. In the UK, the Child Support Act 1991 allows for similar safeguards.

In contrast, Zimbabwe’s legal system still allows imprisonment without confirmed fatherhood, a situation critics say is not only outdated but dangerous. In India, a controversial 2025 Supreme Court ruling to deny a DNA test in an 18-year-old paternity dispute has reignited similar debates there.

Voices from the Ground: Citizens Speak Out

Dr. Guta’s petition has sparked intense debate across Zimbabwe, drawing passionate responses from ordinary citizens.

Upenyu Gwizo, a woman, expressed strong support for the proposal. “I agree 100%. It’s terrible and unfair that people end up raising children that aren’t theirs. If women are paying for the test, then if the child is his, she should be reimbursed, or maybe the men should pay instead. Either way, DNA tests should be mandatory.”

Kudzai Chivese, a local man, said, “DNA tests should be paid for by women, and if the man is found to be the father, he should refund her. That’s the only way to make it fair for both sides.”

A Nation Reels as the Debate Grows

Dr. Guta estimates that dozens of men are wrongfully convicted each year, based on anecdotal reports from legal circles. His petition has mobilised not just legal experts but also human rights groups and community leaders, who now demand Parliament address what they describe as a silent national crisis.

As the debate spreads across courtrooms, social media, and family circles, one thing is clear: Zimbabwe may be on the brink of a landmark shift in how paternity and justice are defined in law.