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MBABANE -“She is bringing up a contrived and false notion that I am not the legal wife of my late husband, Victor Gamedze and that the two children are not his biological children.”

This was the submission of Lungile Gamedze, the wife of the late businessman (Victor) who is currently embroiled in a legal battle with a woman who claims to be his daughter.

Lungile wants the court to compel Nosipho Gamedze to undergo a paternity test to establish whether she was indeed the late businessman’s daughter.
Nosipho, who wants to benefit from the businessman’s multimillion estate, is vigorously opposing the application.
According to Lungile, Nosipho now alleges that she (Lungile) was not the lawful wife of the late businessman and that the two children, Tiyandza and Temalungelo, were not his.

In her replying affidavit, Lungile averred that Nosipho’s answering affidavit was so convoluted and replete with distortion.
“There are a lot of irrelevant, embarrassing and repugnant averments in the affidavit of the first respondent (Nosipho),” submitted Lungile.

She told the court that it was embarrassing and extremely belittling for the first respondent to allege that she was not the lawful wife of the businessman and that the two children were not his.  Lungile averred that Victor never disputed the paternity of the two children.
According to Lungile, Nosipho was only trying to spite them. She submitted that Tiyandza and Temalungelo were Victor’s children and he never disputed their paternity.

“I would like to submit that I and the late Victor Mfana Gamedze got married through Swazi Law and Custom on June 11, 1994 at his parental home in Siteki,” argued the first applicant (Lungile).

She went on to inform the court that, they also got married through civil rites at Mater Dolorosa Catholic Church. 
Lungile highlighted that the marriage was solemnised by Father Jochoniya Thayela Mahazule.  Annexed to Lungile’s replying papers is a copy of an affidavit by Father Mahazule and a supporting affidavit of Qethuka Dlamini, who was reportedly the leader of all matrimonial royal delegations. She submitted that Qethuka had the mandate from the King to oversee both civil and customary weddings.  She went on to state that from her marriage with Victor, two children were born and they were Tiyandza Tinfombi Gamedze and Temalungelo Tandzile Gamedze.

Lungile averred that her intention was to ascertain the paternity of Nosipho and not necessarily to cause her any undue embarrassment. She argued that it was therefore scurrilous to allege that her overriding intention was to embarrass Nosipho.

“We simply requested the first respondent (Nosipho) to do a DNA test. Further, by analogy, there is a minor child, Wandile Zyn Littler, who has recently undergone a DNA test, the result of which will determine his paternity,” submitted Lungile.
She stated that if the results proved that the minor child was indeed the biological son of her late husband, his inheritance and maintenance by the estate would be adversely affected if Nosipho’s paternity was not imminently determined.

Lungile pointed out that since Nosipho had declined to do a paternity test, she (Lungile) had instructed her lawyer to inform the executor of the estate that they were objecting to her inclusion as a beneficiary in the estate until she imminently undergoes thepaternity test.
The matter is still pending at the High Court and appearing for Lungile is Mlungisi Khumalo of Khumalo Attorneys.

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