High Court Dismisses Application By Mugabe’s Secret Son Seeking Inclusion In Late Former President’s Estate

The High Court has dismissed an application by the late former president Robert Mugabe’s ‘secret son’, who was seeking to be included as a beneficiary in the longtime ruler’s estate.

The alleged son, Tonderayi Gabriel Mugabe, was seeking condonation for the late filing of his review against the estate of the late Robert Gabriel Mugabe.

In his application, he cited Bona Nyemudzai Ouma Mutsahuni, acting in her capacity as the estate’s executrix and the Master of the High Court.

But High Court judge Fatima Maxwell dismissed his application, noting among other things that there was no documentation confirming that he is Mugabe’s son.

“The inclusion of the father’s details on a birth certificate is proof of acknowledgement of paternity.

“The exclusion, therefore, when the birth certificate was obtained during the lifetime of the alleged father is a clear indication that paternity was not acknowledged,” said the judge.

The judge said re-registration of birth is governed by section 19 of the Births and Deaths Registration Act [Chapter 5:02].

He said it can only be conducted where the status of a child is to be changed from being born out of wedlock to born in wedlock.

“Section 19 does not allow the re-registration of a birth of a child born out of wedlock whose parents never married and whose father is late.

“Applicant did not state that his mother ever married the late former President Robert Gabriel Mugabe.

“That may be the reason why, even though the Births and Deaths Registration office might have bowed to the pressure of the name, they did not go as far as to reflect the details of the alleged father on the birth certificate.

“Applicant seems not to have understood the request by the Master’s Office in Annexure D to obtain a birth certificate confirming his position.

“It is not simply a matter of having a surname, but of having a birth certificate confirming that the alleged father is indeed the father as claimed.

“Such confirmation would have been if the tendered birth certificate had the details of the father of the child.

“None of the documents confirms who the father of the child is.

“Whilst it confirms that the applicant is a sibling of the other person tested, it does not show paternity. What it shows is that he might have been sired by one of the males related to the person who was tested.

“For the above reasons, I find that the applicant has not discharged the onus of proving that he was entitled to benefit from the estate of the Late Robert Gabriel Mugabe.

“There is no reason to allow the re–opening of Estate Late Robert Gabriel Mugabe DR 2703/19. No basis has been laid to justify reviewing the Master’s decision to confirm the account and close the estate,” ruled the judge.

Mugabe asserted that he was the son of the former President Robert Gabriel Mugabe, having been born in Mozambique in 1977.

He presented a narrative of secretive family ties and a quest for identity within the Mugabe lineage.

Mugabe said he was born on 20 April 1977 in Chimoio, Mozambique to one Hilda Maeka, having been fathered by the late former president.

He said his parents met in Zimbabwe after independence, and for reasons unknown to him, his father did not want it to be disclosed to the public that he was his son until a later stage.

His mother died before the disclosure.

Mugabe also alleged that he would meet his father occasionally, but that was kept a secret from the first family.

“He was, however, in contact with his father’s siblings, such as Bridget Mugabe,” read court papers.

Mugabe further alleged that his father passed away before he was formally introduced to the Mugabe family.

The estate was advertised, and he notified the executor, Bona Mugabe, about his claim and the fact that he was the deceased’s son.

According to court documents, Bona’s lawyers requested a DNA Test.

The DNA tests confirmed that he was born of the Mugabe parental lineage.

Through a Notarial Deed of Change of Name, he changed his name from Tonderayi Maeka to Tonderayi Gabriel Mugabe.

He then approached Bona and her lawyers, but was not entertained.

On the 2nd of June 2023, he then learnt that the estate was closed on 18th of December 2020 by confirmation of the account.

Mugabe said he attempted to obtain a declaratory order for the reopening of the Estate of Late Gabriel Mugabe under case number HCH 3729/23 but was not successful.

Despite these claims, the High Court also found the application for condonation lacking in merit, primarily due to his failure to provide a satisfactory explanation for the substantial delay of over four years in pursuing his claims.

“The degree of non-compliance is inordinate, and the explanations given are rife with gaps,” ruled the judge, emphasising the need for clear and convincing evidence in matters of inheritance.

The court deliberated on various factors, including the significance of the alleged heir’s delay, which was described as “inexplicable” by the judge.

“While the applicant claims a right to the estate, he has not established a reasonable basis for the delay in filing his application,” Justice Maxwell articulated, reinforcing the gravity of procedural timelines in legal proceedings.

In dismissing the application, the court cautioned against potential prejudice to the rightful beneficiaries of the Mugabe estate.

“The balance of convenience favours the dismissal of this application as the deserving beneficiaries of the Estate Late Robert Gabriel Mugabe would be greatly prejudiced by the reversal of a process that was completed more than four years ago,” said the judge. *NewZW*