Saturday, August 2, 2025 - The High Court of Zimbabwe has dismissed a legal challenge by Tonderayi Gabriel Mugabe, who claimed to be the biological son of the late former President Robert Gabriel Mugabe, and sought to reopen the closed estate of the national hero.
Justice Fatima Maxwell, delivering a detailed judgment on 1
August 2025, found the application to be without merit, citing a prolonged and
unjustified delay and insufficient evidence to prove paternity.
The estate, which was officially closed in December 2020,
had been dormant for over four years before Tonderayi filed his application in
February 2025. Justice Maxwell described the delay as “inordinate” and ruled
that the applicant failed to provide a plausible explanation for his late
action. “The estate was closed in December 2020, and yet he only approached the
court in February 2025. This is a delay of over four years. The delay is
inordinate, and the explanation given for it is not satisfactory,” she said.
The court was critical of the evidence presented by
Tonderayi, including a revised birth certificate, a DNA report, and affidavits
from individuals claiming to know about his alleged paternity. Justice Maxwell
ruled that these documents did not satisfy the legal threshold for establishing
a biological relationship with the late president.
“The inclusion of a father’s name on a birth certificate is
usually proof of acknowledgment of paternity. Conversely, the absence of such
inclusion, especially during the lifetime of the alleged father, indicates
non-acknowledgment,” the judge stated.
Regarding the DNA evidence that allegedly showed a genetic
relationship with a woman named Lawrencia Mugabe, the court concluded that it
did not prove that Robert Mugabe was the applicant’s father. “The DNA report
presented shows only that the applicant shares some genetic relationship with
an individual named Lawrencia Mugabe. It does not prove that Robert Gabriel
Mugabe is the biological father,” the judge ruled. “At best, the evidence
suggests he may be related to a male in the broader Mugabe family. That is not
sufficient.”
Justice Maxwell also rejected the legal significance of the
re-registration of Tonderayi’s birth in 2022, which changed his surname to
Mugabe. She noted that such administrative actions, without the deceased’s
lifetime acknowledgment of paternity, are not valid for legal claims in
inheritance matters.
“The re-registration of the applicant’s birth and change of surname does not satisfy the requirements of the law for proving paternity. The law does not permit a third party or near relative to declare paternity on behalf of the deceased, particularly when that paternity was never acknowledged in the person’s lifetime,” she said.
The affidavits submitted by individuals purporting to have knowledge of the applicant’s alleged lineage were also dismissed as legally insufficient. “Affidavits made after the death of the alleged father, especially by persons with no legal or biological standing to assert such facts, do not carry the evidentiary weight required in matters of succession,” the judge stated.
Bona Nyepudzayi Mugabe, daughter of the late president and
executor of the estate, opposed the application and was represented by lawyer
Addington Chinake of Kantor and Immerman. The court agreed with her position
that reopening the estate would cause undue hardship to the beneficiaries who
had received their entitlements over four years ago.
“This court finds that it would be prejudicial to the
beneficiaries to reopen the estate based on speculative and poorly
substantiated claims. The balance of convenience favours the dismissal of this
application,” Justice Maxwell ruled.
In her final statement, the judge emphasized that ignorance
of legal procedure is no justification for delays in filing such claims. She
added “Erroneous proceedings, or a lack of legal knowledge, are not an excuse
that prevents the time from running for purposes of review. This application is
therefore dismissed with costs.”
The estate of the late President Robert Mugabe, filed under
Estate DR 2703/19, remains officially closed
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