Court dismisses claim to Mugabe estate

Published: 16 hours ago

The High Court has dismissed an application by Tonderayi Gabriel Mugabe, who claimed to be the son of the late former President Robert Gabriel Mugabe, in his bid to reopen the former leader's estate.

Tonderayi, represented by lawyer Muchivete Hungwe, had sought permission to challenge the Master of the High Court's decision to finalise and close the estate (DR 2703/19) in December 2020. He argued that he should be allowed to lodge his claim despite missing the statutory deadline by more than four years.

Bona Nyepudzayi Mugabe, the late president's daughter and executrix dative of the estate, opposed the application, with legal representation from Addington Chinake of Kantor and Immerman.

Justice Fatima Maxwell ruled that Tonderayi's application lacked merit, citing "an inordinate delay, an unsatisfactory explanation, and weak supporting evidence."

"The delay is inordinate, and the explanation given for it is not satisfactory," Justice Maxwell said.

The court noted that the estate was closed in December 2020, but Tonderayi only approached the court in February 2025.

Tonderayi alleged he was born in 1977 in Mozambique to Hilda Maeka and that his paternity was concealed for years. He presented DNA evidence, a revised birth certificate, and affidavits from relatives in support of his claim.

Justice Maxwell said the evidence fell short of proving his case. She found that the revised birth certificate, issued in 2022 to bear the Mugabe surname, did not meet the legal threshold for establishing paternity.

"The law does not allow a near relative to come forward and acknowledge paternity on behalf of a father in circumstances such as this," she ruled.

The court also scrutinised a DNA report showing a sibling relationship between Tonderayi and an individual named Lawrencia Mugabe.

"What it shows is that he might have been sired by one of the males related to the person who was tested," Justice Maxwell said, adding that the results did not directly link him to the late president.

The judge found that reopening the estate would prejudice the rightful beneficiaries, whose interests were finalised more than four years ago.

"The balance of convenience favours the dismissal of this application," Justice Maxwell ruled, dismissing the matter with costs.

The decision closes yet another chapter in legal disputes surrounding the estate of Zimbabwe's long-time leader, who died in 2019.
- The Herald

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