n South African Law Journal - What you don't know can't hurt you : the Supreme Court of Appeal and the presumptions of paternity : notes

Volume 128, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The Supreme Court of Appeal in 2010 (6) SA 338 (SCA) had the opportunity to pronounce upon the tricky issue of the use of DNA evidence to rebut the presumptions of paternity. However, the court chose not to avail themselves of it, holding that '[p]aternity was thus not actually in dispute' (para 12) and that, because the father of the child did not deny paternity in his affidavits, paternity could be established on a balance of probabilities without compelling the mother to provide a sample for DNA testing.

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