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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1590
Experience:  BCom; LLB; Masters in Law
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I was improperly ordered to pay maintance 4 a child later

Customer Question

Hi,I'm Owen i was improperly ordered to pay maintance 4 a child later proven not to be mine through scientific war being deducted from my salary since june.i need know how can i sue the department of justice for improper performance of duties.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

To be quite honest with you, I don't know if you have a claim against the department of justice. What exactly did they do to cause you damages?

Surely it was your wife / girlfriend who was claiming maintenance from you, and you now have a claim against her to re-pay you that maintenance?

Please put me into the picture so that I can assist further.

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Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Customer: replied 1 year ago.
the department failed to get all the facts of proving that i am the father before making am order.
Expert:  CaseLaw replied 1 year ago.

I'm afraid that I'm of the opinion that you won't be able to sustain a cause of action against the department. Your only claim would be against your wife / girlfriend who alleged that it was your child, and to whom you paid the maintenance.

Expert:  CaseLaw replied 1 year ago.

It is not the court's job to find out "for certain" exactly whose child it is. The court must go on the evidence presented by the parties. In this instance you should have obtained DNA results proving that it was not your child. If you didn't do that, then how can you blame the court? It's impossible.

I'm sorry that this is not the information you're looking for, but legally it is sound.