Believe Guta Petitions Parliament Over Paternity Disputes

A Kadoma businessman and litigation specialist, Believe Guta, has taken his concerns to Parliament, pushing for compulsory DNA testing in maintenance cases. He argued that no man should be jailed for failing to pay child support before paternity is legally confirmed.

Presenting his case before the Parliamentary Portfolio Committee on Justice and Legal Affairs, chaired by Masvingo Central legislator Edson Zvobgo (Jnr), Guta called for amendments to Section 23 of the Maintenance Act [Chapter 5:09]. He said the law should require proof of fatherhood before prosecution is instituted.

Guta noted that a number of men in Zimbabwe had been imprisoned for defaulting on maintenance, only to later learn through DNA tests that they were not the biological fathers.

Quoting Section 49(1)(a) of the Constitution, which guarantees personal liberty, Guta said men’s rights were being violated. “Many have been incarcerated under disputed circumstances or in cases later disproved by DNA evidence,” he told the committee.

The Big Brains Legal Aid Trust founder stressed that the current system inflicted serious harm, including loss of freedom, social stigma, and emotional distress. He also pointed out that unlike women, who are represented by a dedicated ministry, men have no state institution addressing their issues.

To close this gap, he proposed a new clause in the Maintenance Act, stipulating that: “No legal proceedings shall be initiated unless paternity has been confirmed either by acknowledgment, a court ruling, or DNA testing where paternity is contested.”

Guta further urged Parliament to create a statutory review mechanism that would revisit old cases where men were jailed without scientific confirmation of fatherhood.

Citing research findings, he said the African Institute of Bio-Medical Research established that 32% of disputed maintenance cases in 2019 involved men who were not the actual fathers. Global DNA also reported exclusion rates of up to 72% in its tested cases.