ACC BOSS ORDERED TO REDO PATERNITY TEST

MBABANE – Anti Corruption Commission (ACC) boss Advocate Thanda Mngwengwe has been ordered to redo a paternity test.

This follows Mngwengwe being taken to court by Nomfundo Sibandze, a student at the Swaziland College of Technology (SCOT), last year to prove that he was the father of her child. A paternity test was conducted and when the result absolving Mngwengwe of paternal responsibilities Sibandze expressed her reservations at the way the test was conducted.

The first test was initiated by Mngwengwe who went to Lancet Laboratories.
Judge Mpendulo Simelane ordered the ACC boss to undergo another DNA test within 21 days together with Sibandze and the child.  The judge ordered that the test should be conducted at the Mbabane Clinic and that Sibandze should pay for the expenses of the tests.

Judge Simelane said it was clear that Sibandze said it was apposite for him (judge) to consider Mgwengwe’s contention that to redo the test would be tantamount to infringing his right of privacy and violation of his dignity which was protected in Section 18(1) and 2 of the Constitution.

Section 18(1) of the Constitution provides that: the dignity of every person is inviolable (2) A person shall not be subjected to torture or to inhuman or degrading treatment or punishment.
“I find that this contention is clearly flawed for a couple of reasons. The High Court as the upper guardian of children’s rights, cannot turn a blind eye where the rights of an innocent child are a stake,” said the judge.

He said in the instant matter, there were competing interests and rights which were the rights of Mgwengwe to privacy and bodily integrity against the right of the child to know his/her identity.
The judge found that the best interests of the child far outweighed the rights of Mgwengwe to privacy and bodily integrity. “It would be absurd for the court to find that the right of Mngwengwe to integrity and dignity supersedes the best interest of the child. I find with respect that this argument by Mngwengwe stares this court in the face in its stark enormity. It cannot be counted. I reject it,” said Judge Simelane.

Judge Simelane said he found that, on a balance of probabilities, it was justifiable to compel the ACC boss to undergo the DNA test in the circumstances of the case.

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