Online Reporter
Fidelis Munyoro
Chief Court Reporter
THE sudden death of flamboyant businessman Wicknell Chivayo has thrust his sprawling multi-million-dollar estate into legal uncertainty, halting a Supreme Court appeal in his US$25 million matrimonial and asset division dispute with ex-wife Sonja Madzikanda.
The matter was officially removed from the court’s roll following Chivayo’s passing, as confirmed by his lawyer, Advocate Sylvester Hashiti.
“The matter was removed from the roll on account of the appellant’s demise until such a time he is substituted by his executor or executrix who will represent him in court as concerns any claims against his estate,” said Adv Hashiti.
Under Zimbabwean civil procedure, Chivayo’s death immediately stripped him of the legal standing to pursue or defend the ongoing case.
Before the courts can consider any claims to assets, the Master of the High Court must step in to formally register his estate, convene an Edict Meeting, and appoint an Executor or Executrix to represent his legal interests. For Madzikanda, this marks the beginning—not the end—of her legal battle.
Ex-wife’s multi-million-dollar claims continue
Despite Chivayo’s untimely death, Madzikanda remains a key creditor and claimant, determined to secure her share of the disputed fortune.
Under the Administration of Estates Act, debts, financial claims, and other civil obligations tied to a deceased litigant remain active and must be addressed by the estate.
Sources close to the matter indicate that Madzikanda’s legal team intends to file their claims, including her property division and maintenance demands, directly with the Executor once appointed.
If the Executor disputes or denies these claims, the Administration of Estates Act grants Madzikanda full legal recourse to pursue them through the courts.
Minor children and the fight for protection
At the time of his passing, Chivayo was survived by two minor children. Contrary to popular belief, Zimbabwean law does not automatically distribute a deceased parent’s assets to their children.
Instead, the estate undergoes a formal liquidation process. Verified debts, taxes, and creditor claims are settled first, with any remaining funds allocated to beneficiaries.
The Master of the High Court is also required by law to safeguard the welfare of Chivayo’s children, including ring-fencing funds for their maintenance, healthcare, and education, before final asset distribution takes place.
Will or Intestacy? The wild card
The direction of this unfolding legal battle could hinge on whether Chivayo left a valid, enforceable will. If such a document exists, his net assets will be distributed in line with his instructions, provided these do not undermine his children’s rights to basic support.
However, if no valid will is found—or if it is successfully challenged—the estate will fall under the Deceased Estates Succession Act, making the children primary beneficiaries.
Next chapter: A battle for empire control
The late businessman’s commercial empire now moves from the contentious court battles to the jurisdiction of the Master of the High Court.
With millions at stake and multiple claimants circling, the fight over Chivayo’s fortune is anything but over.
Instead, it has shifted from an explosive personal legal feud into a high-stakes administrative showdown that could take years to resolve.
All eyes are now on the yet-to-be-appointed Executor or Executrix, whose decisions could determine the fate of Chivayo’s fortune and legacy.
