Court's decision on exhumation request reveals complex paternity dispute

A PATERNITY dispute and DNA testing resulted in a legal wrangle after four people claimed they are also the biological children of their now deceased “father”, and that they also have a right to share in his estate.

- ZELDA VENTER

However, they want the deceased's body to be exhumed so that DNA samples can be taken from him to prove that they are his children.

The two children of the deceased (the applicants) agree that DNA testing should be done, but they are refusing to have their father’s body exhumed.

The two turned to the Eastern Cape High Court, sitting in Mthatha, where they asked for an order directing that DNA testing be done using their DNA samples. The respondents, in opposing the application, insisted that the testing be done using the remains of their father.

It was not denied by the two biological children that their father had an affair with another woman. They stated to the court that they are only aware of one child born from that relationship, who had previously passed away.

According to them, they do not know the four other children who have now come forward after his death.