THURSDAY, 4.00PM
THE Zambian supreme court has dismissed an application by opposition parties to have President Frederick Chiluba undergo a DNA test to prove his parentage.
Four of the five judges ruled that there is no law in Zambia to compel an individual to undergo a DNA test.
But Justice Earnest Sakala, in a minority judgment, said the Family Reform Law gives power to the court to compel the respondent to undergo a DNA test.
Sakala said the petitioners had produced convincing evidence to compel the court to direct that President Chiluba undergo a DNA test to prove whether Luka Chabala is his biological father, as they alleged. “I, therefore, rule that President Chiluba and Mr Chabala undergo a DNA test and that results be made available within 21 days,” he said.
Chief Justice Matthew Ngulube, handing down the majority decision, said the only law which can be used in a situation where the Zambian law is silent is the English Family Law Reform Act of 1969, which stipulates that consent must be obtained from the respondent for a DNA test.