Z.M and Another v A.F and Others (4637/2022) [2025] ZAECMHC 47 (5 June 2025)

Z.M and Another v A.F and Others (4637/2022) [2025] ZAECMHC 47 (5 June 2025)

The court held that it has the inherent power to compel DNA testing in paternity disputes involving adults. However, the respondents' insistence on exhuming the deceased's remains for DNA testing was found to be unnecessarily drastic and contrary to public morals and policy, given that alternative methods—such as testing living relatives—are available and sufficient for determining paternity. The court rejected the points in limine regarding non-joinder, finding that neither the respondents' mother nor the Master of the High Court had a direct and substantial interest in the relief sought. Condonation for the late filing of the applicants' replying affidavit was granted in the interests...

Citation
[2025] ZAECMHC 47
Parties
Applicant: Z[...] M[...]; Applicant: N[...] E[...] M[...]; Respondent: A[...] F[...]; Respondent: E[...] F[...]; Respondent: L[...] F[...]; Respondent: S[...] F[...]
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
5 June 2025
Case Number
4637/2022
Procedural Posture
Family Application / First Instance
Outcome
Application granted. Respondents ordered to submit to DNA testing. No order as to costs.
Judges
Mhambi
Legal Topics
Paternity Dispute, Dna Testing, Deceased Estate Inheritance, Joinder, Condonation, Costs Award
Family and Children Paternity Dispute Dna Testing Deceased Estate Inheritance Joinder Condonation Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Z[...] M[...]

Applicant

N[...] E[...] M[...]

Applicant

A[...] F[...]

Respondent

E[...] F[...]

Respondent

L[...] F[...]

Respondent

S[...] F[...]

Respondent

Procedural Posture

Family Application / First Instance

Legal Issues

  1. 1 Whether the court has the power to compel adult respondents to submit to DNA testing for paternity determination.
  2. 2 Whether it is in the interests of justice to order exhumation of the deceased's remains for DNA testing.
  3. 3 Whether non-joinder of the respondents' mother and the Master of the High Court is fatal to the application.

Ratio Decidendi

The court held that it has the inherent power to compel DNA testing in paternity disputes involving adults. However, the respondents' insistence on exhuming the deceased's remains for DNA testing was found to be unnecessarily drastic and contrary to public morals and policy, given that alternative methods—such as testing living relatives—are available and sufficient for determining paternity. The court rejected the points in limine regarding non-joinder, finding that neither the respondents' mother nor the Master of the High Court had a direct and substantial interest in the relief sought. Condonation for the late filing of the applicants' replying affidavit was granted in the interests...

Court Disposition

Application granted. Respondents ordered to submit to DNA testing. No order as to costs.

Orders

  • The respondents are directed to submit themselves to DNA testing within thirty (30) days from the date of this order, on a date to be arranged by the applicants' attorneys, for the purpose of determining whether the late M[...] R[...] M[...] is their biological father.
  • The applicants are directed to arrange for a suitable and qualified health official employed by the National Health Laboratory Services to conduct the DNA test.