Who is the father of the Child?

By Dickson Jere

WHO is the father of the child? This was the question that confronted the High Court for Zambia in an interesting case involving the sharing of assets of the deceased “child” who died intestate. It appears the case is the first of its kind in Zambia and the High Court had to borrow authorities from the US jurisdiction to solve the puzzle.

You see, a man fathered a child whom he did not recognize or support throughout his life even though the birth certificate carried his surname. But when obtaining the NRC, the mother of the child changed his surname to hers because the father of the child was nowhere to be seen. In short, the biological father disappeared!

At 35 years, the “child” died and left some property forming his estate. The biological father reappeared and demanded for his share in line with the Intestate Succession Act of Zambia. Parents are entitled to benefit from the child estate under the Zambian law.
So, the man sued in the High Court demanding for his share of his son’s estate whom he did not support in the first place.

“Child support is a factor because parents or a parent as a matter of duty is lawfully and naturally expected to support his/her child,” High Court Judge Charles Zulu said in his judgment.

But the question that the court needed to answer was whether such a father who abandoned his child can benefit from the estate of the same child on account that he was a biological father.

“The Applicant cannot now make a U-turn and unjustly enrich himself from the estate of the child he unceremoniously disowned and deserted,” the Judge ruled.

“Fishing out documents evidencing that he was recorded as the biological father, does not negate his paternity denials…” the Court further held.

I agree with the decision of the Court on this matter. To be a father, one has to prove beyond just being biological. More must be adduced.

This latest case can be contrasted with another one involving a Kenyan man who died Intestate in Zambia but had a longtime girlfriend whom he was looking after. She sued under the Intestate Succession Act claiming to be entitled to the share of the estate as a “dependent” and the High Court ruled in her favour. (See Oparacha case)

Anyway, to avoid such drama, just write a Will!

Read the full judgment in the case of Nicholas Quintino Chavunga v Stephanus Roos and Janet Roos – 2020/HPF/519

(Mwebantu, Wednesday, January 26th, 2022)

THE Lusaka Magistrates’ Court has sentenced a 28-year-old woman of Kalikiliki Township to four years simple imprisonment for stealing a 4-month-old baby boy from a church premises.

Doreen Mwansa was charged with one count of child stealing and she pleaded guilty.

She stole the baby on October 23 last year in Lusaka.

According to facts which she said were true and correct, Mwansa wanted to deprive Mary Sikazwe of her baby Jackson Sikazwe, a child under the age of 16.

It was heard that on the material day, the baby’s mother went for a crusade at Bauleni School in Lusaka.

While she went outside to change the diaper of the baby, Mwansa came to help babysit while the mother went to get another diaper.

When the mother to the baby returned, she did not find Mwansa and looked for her but to no avail.

The matter was reported to police and ZNBC with pictures of the baby revealed.

On 26 October, 2021, the grandmother to the baby received a phone call from a good Samaritan who informed her that the neighbors suspected that Mwansa had a stolen baby after hearing the baby crying.

The residents locked the house and asked the accused to identify the
baby and she failed.

The residents waited for the baby’s mother to arrive and when she did, she retrieved the baby and reported the matter to Bauleni Police Station leading to Mwansa’s arrest.
In passing sentence, magistrate Hamaundu found her guilty of the offence upon her own admission of guilt.

The magistrate sentenced her to four years, saying this will operate as a lesson to other would-be-offenders.

(Mwebantu, Wednesday, January 26th, 2022)

A BUSINESS woman of Nakonde District has been slapped with 25 years for trafficking three children.

Frahah Nakaonga was charged with three counts of trafficking persons contrary to section 3(1) (2) (4) if the Human Trafficking Act number 11 of 2008 of the Laws of Zambia.

On April 8, last year, Nakaonga while acting with others unknown intentionally and unlawfully trafficked a child namely Anne Chanda.

On the same date, Nakaonga also trafficked a child namely Grenda Nakamba.

In count three, Nakaonga trafficked another child Emeldah Kafunda.

When the matter came up before Kabwe High Court judge Kelvin Limbani who is currently sitting in Chinsali, Nakaonga said in her mitigation that she was remorseful.

She also pleaded for maximum leniency as she was a first offender and had learnt that crimes do not pay.

However, Judge Limbani condemned Nakaonga by sentencing her to 25-years simple imprisonment.

Judge Limbani said children should be protected from people like Nakaonga who want to harm them.

“I sentence you to 25 years simple imprisonment so that you reform and to also deter would-be offenders from committing a similar offence,” he said.

(Mwebantu, January, 24th, 2022)