In a recent ruling that has drawn considerable public attention, the High Court has struck off the roll an application by Aaron Chaka, who claims to be the son of late music legend Oliver “Tuku” Mtukudzi. Chaka had sought an order to compel the Registrar of Births and Deaths to amend his birth certificate to reflect Mtukudzi’s surname and remove his presumed father’s name, Josiah Chaka.
The case, presided over by Justice Fatima Maxwell, involved Chaka, who identified the Registrar of Births and Deaths, the late musician’s widow Daisy Mtukudzi, and the Master of the High Court as respondents. The court’s decision came after Chaka was instructed to provide scientific proof of his paternity before making any amendments to his birth records.
In his application, Chaka requested that his birth certificate be altered to list Oliver Mtukudzi as his father, based on claims made by his biological mother, Rose Makumbe. According to Chaka, Makumbe and Mtukudzi had a brief relationship in 1978, which led to Chaka’s birth on January 3, 1979. He asserted that due to a misunderstanding between his parents, he was not registered with a birth certificate immediately and later used his stepfather Josiah Chaka’s surname.
Chaka’s claim to Mtukudzi’s name was based on a series of affidavits from Makumbe, Mtukudzi’s family members, and other individuals. The affidavits supported Chaka’s assertion that Mtukudzi was indeed his biological father. However, the Registrar of Births and Deaths challenged the application, demanding a paternity test and additional documentation, including Mtukudzi’s death certificate and proof that Josiah Chaka was not his biological father.
Justice Maxwell’s ruling emphasized several critical points:
– **Scientific Proof Required:** The judge highlighted the need for scientific confirmation, such as a paternity test, to establish the biological relationship between Chaka and Mtukudzi.
– **Legal Standing:** The court noted that under current law, Chaka, being an adult, was not in a position to request changes to his birth certificate independently. The application should have been made by a parent or a legal guardian.
– **Relevance of Affidavits:** The judge found that the affidavits submitted did not adequately address discrepancies in Chaka’s birth registration, such as the conflicting names of his mother on official documents.
Justice Maxwell concluded that Chaka’s application was not properly before the court, as it lacked the necessary evidence to support his claims and failed to follow legal procedures. As a result, the application was struck off the roll, with no order as to costs. The ruling underscores the complexities involved in legal cases surrounding personal identity and paternity, particularly when high-profile figures are involved. Chaka now faces the challenge of obtaining the requisite scientific confirmation and following the appropriate legal channels if he wishes to pursue changes to his birth records in the future.
In other news – Leleti Khumalo set to appear in upcoming season of Muvhango
After airing its final episode on July 2, *Muvhango* fans have a reason to celebrate. The beloved South African TV series has been renewed for a new season, promising to bring fresh storylines and dynamic characters to the screen. In an exciting development, acclaimed actress Leleti Khumalo is set to join the cast in the upcoming season.
Khumalo will portray Dr. Nonhlanhla Ximba, a powerful construction mogul poised to shake up the familiar dynamics of the show. Her character is expected to introduce a wave of new intrigue and groundbreaking storytelling, injecting a fresh perspective into the series. Read More
