Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
THE late national hero and former Zimbabwean Ambassador to Cuba Retired Major General Jevan Ben Maseko’s widow has taken the executor of her husband’s estate to court following her exclusion from their matrimonial home through a will.
Mrs Alice Maseko, through her lawyer Mr Bruce Masamvu of Mutatu, Masamvu and Da Silva Gustavo Law Chambers, on Friday filed summons at the Bulawayo High Court citing the executor of her husband’s estate, Ms Nomsa Ncube and the Master of the High Court, as defendants.
Rtd Maj Gen Maseko died on May 20, 2013 at Mater Dei Hospital in Bulawayo after succumbing to renal failure, amyloidosis cancer and diabetes at the age of 70.
However, in terms of the will dated October 15, 2009, there are clauses which disinherited Mrs Maseko of the matrimonial house situated in Claremont, Umzingwane district.
In papers before the court, Mrs Maseko is seeking invalidation of the will, arguing that it is contrary to public policy as it excluded her as a surviving spouse.
Mr Masamvu argued that Section 5 (3) of the Wills Act buttresses his client’s position.
It reads: “No provision, disposition or direction made by a testator in his Will shall operate as to vary or prejudice the rights of-(a) any person to whom the deceased was married to a share in the deceased’s estate or in the spouses’ joint estate in terms of any law governing the property rights of married persons”.
Section 26 (c) and (d) of the Constitution of Zimbabwe Amendment (No 20) Act of 2013 states: “The State must take appropriate measures to ensure that (1) there is equality of rights and obligations of spouses during marriage and its dissolution; and in the event of dissolution of a marriage, whether through death or divorce provision is made for the necessary protection of any children and spouses”.
Mrs Maseko wants the estate to be dealt as intestate (not having there been a will before her husband’s death).
She argued that as a surviving spouse she was entitled to the property registered under deed of transfer number 1276/81.
The disputed property was bequeathed to the late diplomat’s biological children.
“The husband’s last will contained clauses which disinherited me of the matrimonial home being Lot 11 of subdivision 5 of subdivision D of Claremont situated in the district of Umzingwane held under deed of transfer number 1276/81, which at law I was entitled to inherit. The property was given to the deceased’s biological children,” she said.
Mrs Maseko and the late Rtd Maj Gen Maseko got married on November 18, 2007 and the marriage was solemnised under Chapter 5:11 of the Marriages Act. “The plaintiff seeks an order to declare the last will and testament of the late Jevan Ben Maseko null and void for it disinherits the surviving spouse of the matrimonial home, which is contrary to natural public policy principle,” said Mr Masamvu.
The defendants are yet to respond. — @mashnets
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