The High Court has dismissed a claim brought by Tonderayi Gabriel Mugabe, who alleged he was the biological son of the late former president Robert Gabriel Mugabe, and sought to be included as a beneficiary in the estate.
Tonderayi had applied for condonation for the late filing of a review challenging the administration of the estate, naming Bona Mugabe, the late president’s daughter and executrix of the estate, along with the Master of the High Court, as respondents.
Justice Fatima Maxwell, presiding over the matter, ruled that the application lacked merit, primarily due to the absence of credible documentation proving paternity.
“The presence of a father’s details on a birth certificate typically signifies acknowledgment of paternity,” stated the judge. “In this case, the omission of such information—particularly during the lifetime of the alleged father—suggests that no such acknowledgment occurred.”
She further explained that under Section 19 of the Births and Deaths Registration Act [Chapter 5:02], a birth re-registration is only permitted in cases where a child’s status changes from born out of wedlock to born in wedlock, and only if the parents were legally married. There was no evidence that Tonderayi’s mother was ever married to Robert Mugabe.
The judge also noted that the birth certificate produced by the applicant failed to list Mugabe as the father, and that the DNA evidence presented only suggested shared lineage, but not direct paternity. “It might indicate a relationship to a male in the Mugabe family, but it does not establish that the former president was his father,” she ruled.
The court also criticised the significant delay in bringing the application, describing the over four-year gap in pursuing the claim as unjustified and procedurally problematic.
“The applicant has failed to provide a plausible explanation for such a prolonged delay,” said Justice Maxwell. “The court cannot entertain applications that disregard procedural timelines without exceptional justification.”
Tonderayi claimed he was born on 20 April 1977 in Chimoio, Mozambique, to a woman named Hilda Maeka, and that Robert Mugabe was his father. He alleged his relationship with the late leader was intentionally kept private and that he occasionally met Mugabe in secret. According to court filings, he claimed to have had contact with members of the Mugabe family, including Bridget Mugabe.
After Mugabe’s death and the estate’s publication, he informed the executor of his claim and later changed his name legally from Tonderayi Maeka to Tonderayi Gabriel Mugabe via a Notarial Deed.
Despite a DNA test confirming a general Mugabe lineage, his efforts to be recognized as a beneficiary were not accepted by the executrix, Bona Mugabe, nor her legal representatives.
Justice Maxwell concluded that the applicant failed to establish the necessary proof of paternity or justify his late claim. The court found no legal grounds to reopen the estate, which had been formally closed on 18 December 2020.
“There is no sufficient basis to disturb the Master’s decision to confirm the final account and close the estate,” the judge stated, also warning that revisiting the process would unfairly prejudice lawful beneficiaries.
“The balance of convenience supports upholding the finality of the estate’s administration,” the ruling read, affirming the importance of both legal certainty and timely action in succession matters.
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