IF DNA IS DISGUSTING, NOSIPHO MUST DROP CLAIM - LUNGILE

 MBABANE – The late businessman, Victor Gamedze’s wife has put it in no uncertain terms that if Nosipho feels that the DNA test is disgusting, she must voluntarily relinquish her claim to inherit from the estate.

Nosipho is the woman who claims to be the biological daughter of the late businessman and she wants to benefit from his estate worth millions of Emalangeni.
Through her attorney Mlungisi Khumalo, Gamedze’s wife, Lungile, has filed an application at the High Court where she is seeking an order compelling Nosipho to undergo a DNA test.

Nosipho is vigorously opposing the matter and she is of the view that Lungile’s application was not of trying to find the truth but was about public humiliation.
 In her application, Lungile argued that the court had powers to compel Nosipho to undertake the paternity test.

She contended that the first respondent’s (Nosipho) rights to dignity and privacy might be limited where it was necessary and justifiable.
According to Lungile, in the present case, it was reasonable and justifiable to compel Nosipho to undergo the paternity test, since her rights did not supersede the interests of the minor child, which were protected by Section 29 of the Constitution and the Child Protection and Welfare Act.

She averred that it was fair to say the allegations in Nospipho’s answering affidavit amounted to conjecture, insinuations and innuendos.
“The first respondent is bringing up a contrived and false notion that the deceased is not my husband and that Tiyandza and Temalungelo were not his biological children,” submitted Lungile.

She told the court that it was insulting and embarrassing in the extreme that Nosipho had the audacity to make such unfounded and spurious allegations.  Lungile said she would not burden the court by responding to all the irrelevant and vexatious allegations contained in Nosipho’s answering affidavit.
She told the court that it was not her intention to embarrass and humiliate Nosipho but her only request was that she should undergo the paternity test.
According to Lungile, Nosipho failed to state what prejudice she was going to suffer by submitting to a paternity test.

“We submit that her refusal to do a DNA test might affect her credibility,” argued the applicant.
Lungile said it was in the best interest of all the beneficiaries that Nosipho undergoes the paternity test. She pointed out that, Nosipho could submit herself for paternity test at Emerlo Provincial Hospital in South Africa.

Lungile averred that she and the two children had a locus standi because of their direct and substantial interest in the paternity of Nosipho, as she filed a claim against the estate of the late businessman.
The matter is still pending at the High Court. Nosipho is represented by lawyers from Henwood Masuku Nsibande Attorneys.

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