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Botswana High Court limits compulsory DNA testing in inheritance disputes

A recent High Court judgment by Justice Dr Zeinub Kebonang in Botswana has established a significant precedent in family and succession law, restricting the conditions under which courts will mandate DNA testing in paternity and inheritance disputes. In the case of Janet Kelibone Phale v Executor of the Estate Late Samuel K Same & Another, the court rejected an application by the deceased’s sister to compel a DNA test on a minor child to ascertain her biological relationship to the deceased. The applicant sought to clarify the estate's rightful beneficiaries. The ruling emphasizes the paramount importance of the child's best interests. While acknowledging the court's power as upper guardian of minors to order scientific tests, Justice Kebonang stressed that such orders are not automatic and require compelling justification. The court found that subjecting the child to DNA testing, driven primarily by inheritance concerns, would be "entirely antithetical" to her best interests. The judgment also rejects speculative litigation, noting the applicant's failure to provide concrete evidence to doubt the child's paternity, relying instead on suspicion and uncorroborated statements.