Sobantu wins court battle against wife

MBABANE – Army Commander Lieutenant General Sobantu Dlamini has won the paternity court battle against his wife and son.

Judge Mbutfo Mamba has ordered that Dlamini, wife Patience and her son Muzi conduct paternity tests within 10 days to determine whether or not the army chief is his father. He also ordered that the paternity tests be conducted at the Mbabane Clinic.

Dlamini had taken his wife of 28 years to court seeking an order compelling the three of them to undergo paternity tests. He said he had doubts that Patience’s son, 32-year-old Muzi, was his. Muzi is also a soldier by profession.

He had argued that Muzi had been born when Dlamini and Patience were romantically involved, but claimed he was conceived when he was away in Kenya for military training, hence had no physical contact with her.

He also told court that the dispute was handled discretely and quietly at parental level and his family elders had told him to live with it. Patience was opposing the application arguing that Dlamini was abusing the court process.

She argued that none of them would suffer if they never underwent the tests, especially because Muzi was now self-sufficiant. She also argued that Dlamini was the biological father of her son and he had never denied paternity. This, she told court, was even when Dlamini’s mother confirmed it on Muzi’s inspection after birth.

She also alleged that Dlamini was living an adulterous life as he lived with another woman he intended to marry.

She further argued that he brought the application to garner evidence for pending divorce proceedings against her. She also said Dlamini was merely curious.

Judge Mamba said it was every person’s legitimate right to know who their father or mother is and vice versa. He gave the example that should Dlamini die intestate his relationship with Muzi would come to the fore. He quashed arguments, by Patience’s lawyer, Zonke Magagula that Dlamini could solve this by drawing up his will and last testament immediately. Judge Mamba said this would only solve the problem in part. He also said the mistrust, speculation and suspicion would remain,

"These are fuelled and maintained by the lack of knowledge. Scientific knowledge and procedure is there to unravel or solve this conundrum and remove all suspicion or curiosity.

"It is certainly in the interests of our judicial system and justice that the truth be ascertained in this matter. Justice demands that," Mamba said.

Critiquing Patience’s concern that Dlamini, by the application, wanted to support his claim for annulment of their marriage, Mamba said it was startling. He said her arguments were almost an admission that the tests would prove that Dlamini was not the biological father of her son.

Mamba said the courts had a constitutional obligation to sustain, protect and preserve harmonious development and cohesion and respect for families and their values. He said Dlamini had made out a case for the relief he sought.

He said Dlamini had a right to know if he was Muzi’s biological father or not.

He ordered that Dlamini should pay costs of undergoing the paternity tests.

He further ordered Muzi and Patience to pay costs of suit.

...wife has obligation to disclose information

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