Fidelis Munyoro
Chief Court Reporter
THE Master of the High Court is set to issue letters of administration to Ms Sonja Madzikanda and Ms Esther Chivayo tomorrow, formally appointing them as co-executors of the estate of the late businessman and philanthropist Wicknell Chivayo.
The appointment will pave the way for the two women to jointly take charge of the administration of the deceased businessman’s estate, including identifying and safeguarding assets, addressing outstanding liabilities and claims, and determining the distribution of the inheritance to legally entitled beneficiaries.
It also establishes a framework for managing potential conflicts of interest between the co-executors while placing safeguards around the financial interests of Chivayo’s two minor children.
On Friday, an edict meeting was convened by the Master of the High Court, with sources close to the proceedings confirming that the appointment process was now at an advanced stage.
An edict meeting is a formal proceeding through which the Master facilitates the appointment of an executor or executrix to administer a deceased person’s estate, involving interested parties such as family members and next of kin.
“The Master of the High Court will issue the letters of administration to Esther Chivayo and Sonja Madzikanda as co-executrices of the estate of the late Wicknell M. Chivayo on November 9, 2026,” said a source familiar with the developments.
The proposed joint appointment follows an agreement between the two women, who are represented by separate legal teams, setting out how they will exercise their responsibilities and ensure accountability in managing the estate.
The agreement, signed in Harare on November 3, provides for joint administration, full disclosure of assets and liabilities, transparent decision-making and safeguards against either party exercising unilateral control over estate affairs.
Chivayo died alongside his wife Lucy Muteke and three other people in a helicopter crash near Marondera on September 30, 2026.
Their deaths left behind two young children, whose inheritance and financial security are among the key considerations in the administration of the estate.
The agreement between the proposed co-executors was reached following consultations between interested parties and formally communicated to the Master through correspondence submitted last week.
In a letter dated November 3, Mahuni Gidiri Law Chambers, representing Madzikanda, confirmed that consensus had been reached on the appointment of the two women.
“Following consultations between the interested parties, consensus has been reached for the appointment of co-executors to the estate, the co-executors being Ms Sonja Louise Madzikanda and Ms Esther Chivayo . . . ,” the lawyers wrote.
They requested that the signed agreement be placed in the deceased’s estate record for consideration.
A day later, Caleb Mucheche and Partners Law Chambers, representing Esther, confirmed that their client had been unanimously nominated by the family.
“Ms Esther Chivayo was unanimously nominated, uncontested by the entire family, to be the co-executrix of the estate of the late Wicknell Chivayo,” the firm stated.
Esther is the late businessman’s biological sister and next of kin.
Her legal representatives said her nomination was intended to safeguard the interests of the two minor children while avoiding the additional expense of appointing an independent executor.
They also confirmed the validity of the agreement signed by the two women, describing it as lawful, legitimate and binding between the parties. Under the arrangement, both co-executors will be required to disclose comprehensive information about the estate, including its assets, liabilities, company shareholdings, investments, trusts and business interests.
Any newly discovered information or documents must be disclosed within two business days, or immediately where necessary to protect estate property.
The agreement also establishes reciprocal safeguards to address potential conflicts of interest arising from the women’s personal and business interests.
In companies where Esther personally holds shares alongside the deceased, Madzikanda will represent the estate, exercise the rights attached to Chivayo’s shareholding and instruct legal practitioners on estate matters.
Esther will withdraw from decision-making on those particular matters, without losing her personal shareholder rights.
The arrangement works in reverse where Madzikanda or the minor children have interests potentially adverse to the estate.
In such instances, Esther will represent the estate and instruct its lawyers, while Madzikanda withdraws from the relevant decisions. The provisions are intended to ensure that estate decisions are handled by the co-executors without the corresponding personal conflict of interest.
One vital provision ensures the deceased’s children have their money protected.
The agreement expressly recognises two bank accounts held in the names of John Chenjera Chivayo and Atarah Minana Chivayo at CBZ Bank’s Borrowdale branch as the children’s personal property, excluding them from their father’s estate.
Their management remains governed by a High Court order granted by Justice Amy 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 the accounts, preserving the existing arrangements governing the children’s funds.
The agreement further requires the establishment of a written administration protocol covering banking mandates, payment approvals, custody of documents, company records, estate transactions and asset protection.
Material transactions must be documented and accessible to both co-executors, with neither permitted to exercise unilateral control except where legally authorised or reasonably necessary to prevent imminent loss.
Unauthorised transactions, concealment of assets, falsification of records, undisclosed conflicts of interest and refusal to account for estate property are identified as potential material breaches that could trigger legal proceedings for removal or other appropriate relief.
The agreement does not, however, automatically remove either woman from office.
Once formally appointed, the co-executors will assume the legal responsibilities of identifying and valuing estate assets, safeguarding property, establishing liabilities, engaging creditors and debtors, assessing claims and ultimately facilitating distribution to the legally entitled beneficiaries.
Their appointment is also expected to provide a legal representative for the estate in outstanding court proceedings involving the late businessman.
Among these is a US$25 million matrimonial property and asset division dispute involving Madzikanda, which was awaiting determination by the Supreme Court when Chivayo died.
The proceedings were subsequently removed from the court roll pending the substitution of the deceased by an executor capable of representing his estate.
The appointment is, therefore, expected to provide a way forward in the litigation, as well as other legal and financial matters involving the estate.
The actual value of Chivayo’s estate has not yet been officially established.
