In the case of Janet Kelibone Phale v Executor of the Estate Late Samuel K Same & Another, the court dismissed an application by the deceased’s sister seeking a DNA test on a minor child to determine whether she was the biological daughter of the deceased. The applicant’s stated aim was to clarify the rightful beneficiaries of the estate.
At the heart of the ruling is a reaffirmation of the principle that the best interests of the child are paramount. Whilst the court acknowledged its inherent power as upper guardian of minors to order scientific tests, it emphasised that such orders are not automatic and must be justified by compelling circumstances. Justice Kebonang underscored that determining a child’s best interests is a fact-driven, case-by-case exercise, involving not only physical and economic considerations but also emotional and psychological well-being. In this case, the court found that subjecting the child to DNA testing—motivated primarily by inheritance concerns—would be “entirely antithetical” to those interests. A major jurisprudential contribution of the judgment lies in its firm rejection of speculative litigation. The applicant failed to provide concrete evidence casting doubt on the child’s paternity, relying instead on suspicion and uncorroborated statements.
