Fidelis Munyoro
Chief Court Reporter
The administration of the late Wicknell Chivayo’s estate has entered a new chapter, with Sonja Louise Madzikanda and Esther Chivayo signing a co-executorship undertaking. It binds them to transparency, accountability and joint administration, while drawing clear lines against potential conflicts of interest.
The undertaking relating to estate reference DR547/26, establishes a framework requiring the two women to administer the estate jointly, honestly and diligently, with particular regard to the interests of beneficiaries, creditors and the minor children.
The agreement gleaned by the H-Metro seeks to prevent unilateral control of estate assets, concealment of information and the use of executorship powers for personal benefit.
Under its disclosure provisions, both parties are required to furnish each other with comprehensive information about the estate, including assets, liabilities, company shareholdings, investments, trusts and business interests.
Newly discovered information and documents must be disclosed within two business days, or immediately where necessary to protect estate property.
A reciprocal approach to conflicts of interest One of the undertaking’s most significant provisions concerns companies in which Esther personally holds shares alongside the deceased.
The agreement requires these companies, described as the Co-held Companies, to be identified in a schedule signed by both parties.
In matters involving those companies, Sonja alone will represent the estate, exercise the rights attached to the deceased’s shareholdings, determine the estate’s position and instruct legal practitioners.
Esther is required to withdraw from estate decision-making in those matters, although her personal shareholder rights remain protected.
A reciprocal arrangement applies where Sonja or the minor children have interests adverse to the estate.
These matters include case number HCHF 4826/26, involving Sonja, CBZ Bank Limited and the Master of the High Court, case number HCHF 62/2026, concerning the proprietary consequences of the customary union between Sonja and the deceased, and claims arising from the minor children’s interests under the High Court order in HCHF 892/26 or the Deceased Persons Family Maintenance Act.
In these proceedings and disputes, Esther alone will represent the estate and instruct its legal practitioners, while Sonja must withdraw from decisions made on behalf of the estate.
The reciprocal provisions seek to ensure that neither executrix determines the estate’s position in matters where her personal interests may conflict with its interests.
Children’s money excluded from estate The undertaking also expressly distinguishes the minor children’s funds from the deceased’s estate.
Two accounts held in the names of John Chenjera Chivayo and Atarah Minana Chivayo at CBZ Bank’s Borrowdale branch are expressly recognised as belonging to the children and not forming part of the estate.
Their management remains governed by paragraph 9 of the High Court order granted by Justice Tsanga on April 2, 2026, under case number HCHF 892/26. Esther is expressly prohibited from issuing instructions to CBZ Bank or any other person concerning these accounts, preserving Sonja’s rights and obligations under the existing court order.
Accountability and consequences The parties must also establish a written administration protocol covering bank mandates, payment approvals, custody of documents, company records, estate transactions and the safeguarding of assets.
Material dealings must be documented and accessible to both parties.
Neither may exercise unilateral control except where legally authorised or reasonably necessary to prevent imminent loss.
The undertaking identifies unauthorised transactions, concealment, falsification of records, undisclosed conflicts and refusal to account for estate property as potential material breaches.
An established breach may trigger lawful proceedings for removal or other appropriate relief.
However, neither party is automatically removed by the agreement itself. Sonja is represented by Mahuni, Gidiri Legal Practitioners, while Esther is represented by Caleb Mucheche Law Practice.
Ultimately, the undertaking seeks to establish a transparent system of estate administration in which neither party exercises unchecked authority and the interests of beneficiaries, particularly the minor children, remain protected.
