A Bulawayo man has escalated a maintenance dispute into a constitutional case, raising a hard legal question: can someone be jailed for failing to pay child maintenance before DNA confirms paternity?
By Advent Shoko
Sinini Ndlovu has approached the Constitutional Court after a Western Commonage Court ruling triggered a legal standoff between maintenance enforcement and disputed parentage. The matter stems from Case No. WC M 808/25, where Nomalanga Tshuma claims he is the father of two children and sought monthly maintenance.
In September last year, a magistrate ordered Ndlovu to pay US$85 per month plus school fees for one child. However, he has consistently denied paternity and requested DNA testing before any enforcement of payment.
The court initially ordered DNA tests to resolve the dispute scientifically, but Tshuma allegedly refused to present the child for testing, leaving the core question unresolved.
Despite this, maintenance obligations remained in force, with non-payment carrying the risk of imprisonment under Section 23 of the Maintenance Act [Chapter 5:09]. Ndlovu argues this places him in legal danger without proof he is the biological father.
He has now asked the Constitutional Court to intervene under Section 175(4) of the Constitution, arguing that enforcing payment, and threatening jail, without confirmed paternity violates constitutional rights.
His arguments include infringement of the right to liberty under Section 49, presumption of innocence under Section 70(1)(a), and the right to a fair hearing under Section 69(2).
Magistrate Bethel Negato ruled that the constitutional issues raised are not frivolous and referred the matter upward. The court also issued a stay of enforcement, temporarily shielding Ndlovu from arrest or imprisonment while the Constitutional Court decides.
The case reflects a growing national debate amid rising DNA disputes. Local testing reports have shown a high rate of contested paternity results, intensifying calls for mandatory DNA testing at birth.
Legal observers say the outcome could reshape Zimbabwe’s maintenance law. If the Constitutional Court rules in Ndlovu’s favour, it may force courts to require verified paternity before enforcing imprisonment in disputed cases.
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