Mother ordered to pay back P24,900 in child maintenance

Lindiwe Mozola | Tuesday October 27, 2015 15:09

 

Oteng Lenkinya, had, since 2007, been forced to pay maintenance for Mogogi Pelaelo’s child after there was a match in the paternity blood test done in December 2002.

From 2007 to November 2014, Lenkinya, had to pay maintenance fees for the child, which over time amounted to P24,900.

The applicant’s attorney, Kebonye Modisa told the court that after years of paying maintenance, Lenkinya decided to take DNA tests, which proved otherwise.

“The subsequent results proved otherwise and DNA tests are taken as a 100 percent proof unlike the blood group tests. On that note, we make an application for the applicant’s money to be returned and the order which was made for him to pay maintenance to be withdrawn,” he said.

In her response, Pelaelo seemed confused in distinguishing paternity DNA tests from blood group tests.

She argued that she should not pay back the money on grounds that the blood group matching results state that the applicant is indeed the father of her child.

To make things clear for the respondent, Magistrate Gofaone Mosweu told her that the blood group paternity results show that there is a probability that the applicant is the father, or he is not, however with DNA test, it is either you are the father or you are not.

“In this house we can be sharing the same blood groups yet we are not related therefore in your case the applicant’s blood matched that of your child which could be one of the coincidences, however the DNA tests either excludes or you are the father, period,” she said.

She further stated that there can only be a case if the respondent brings another DNA test that says the applicant is the father.

“In terms of the draft order, if another party does not agree with the paternity results they can appeal to the High Court,” said the Magistrate.