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JUDGE ERRED BY ORDERING 2ND DNA TEST - MNGWENGWE

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MBABABNE- Anti Corruption Commission (ACC) boss Advocate Thanda Mngwengwe says Judge Mpendulo Simelane misdirected himself by ordering him to undergo another DNA test when there are results from the first DNA test, which already exclude him as the father of the child.


He further alleged that Judge Simelane exercised his discretion in a manner that exhibited bias against him. The ACC boss is appealing the judgment issued by Judge Simelane, who ordered him to redo the DNA test, in the matter where he was taken to court by Nomfundo Sibandze, who claimed that he was the father of her child.


A paternity test was conducted and when the result absolved Mngwengwe of paternal responsibilities, Sibandze expressed her reservations at the way the test was conducted. The first test was initiated by Mngwengwe and was conducted at Lancet Laboratories.


Judge 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 its expenses. 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 on 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 at stake,” said the judge.

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