Online Reporter
Fidelis Munyoro
Chief Court Writer
THE High Court has dismissed an application by Tonderayi Gabriel Mugabe, who sought to reopen the estate of the late former President Robert Gabriel Mugabe, claiming to be his son.
Tonderayi, represented by his lawyer Mr Muchivete Hungwe, took his fight to court against Bona Nyepudzayi Mugabe, the daughter of the late former President, asking for permission to challenge the Master’s decision to finalise and close the estate of the late Robert Gabriel Mugabe (Estate DR 2703/19).
He sought an opportunity to have his claim against the estate considered, even though he had missed the legal deadline to do so.
Bona, in her role as executrix dative of her father’s estate, was backed by legal counsel Mr Addington Chinake of Kantor and Immerman in the high-stakes legal showdown.
Justice Fatima Maxwell ruled that the application for condonation to file out of time lacked merit, citing an inordinate delay, insufficient explanation and weak evidence supporting the claim.
Justice Maxwell said, “The delay is inordinate, and the explanation given for it is not satisfactory.”
The court highlighted that the estate was closed in December 2020, but the application was filed in February 2025, a delay of over four years.
Tonderayi alleged that he was the son of the late President, born in 1977 in Mozambique to Hilda Maeka, and that his paternity had been concealed for years.
He presented DNA evidence, a revised birth certificate and affidavits from family members. However, the court found these documents inadequate to substantiate his claim.
Justice Maxwell noted, “None of the annexures take the applicant’s case anywhere. 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.”
The court also scrutinised the DNA report, which indicated a sibling relationship with an individual identified as Lawrencia Mugabe.
Justice Maxwell pointed out that the report did not directly link Tonderayi to the late president. “What it shows is that he might have been sired by one of the males related to the person who was tested,” the judge said.
The court emphasised that the re-registration of Tonderayi’s birth in 2022, changing his surname to Mugabe, did not meet legal requirements to prove paternity.
Justice Maxwell noted, “The law does not allow a near relative to come forward and acknowledge paternity on behalf of a father in circumstances such as this.”
Tonderayi’s failure to act promptly and provide a clear timeline of events further weakened his case. Justice Maxwell stated, “Erroneous proceedings are not an excuse that prevents the running of the time within which the application for review is to be filed.”
The court concluded that reopening the estate would prejudice the rightful beneficiaries, whose interests were settled over four years ago.
“The balance of convenience favours the dismissal of this application,” Justice Maxwell ruled. The application was dismissed with costs.
