The High Court has dismissed an application by Tonderayi Gabriel Mugabe, who claimed to be the biological son of the late former President Robert Gabriel Mugabe, in his attempt to reopen the long-settled estate of the late leader. The ruling brings an end to a highly publicised and controversial bid to stake a claim to one of Zimbabwe’s most notable estates.
Tonderayi, through his legal representative Muchivete Hungwe, had approached the court seeking permission to challenge the Master of the High Court’s decision to finalise and close Mugabe’s estate in December 2020. He argued that, despite missing the statutory deadline by more than four years, he should be allowed to lodge his claim due to exceptional circumstances surrounding the concealment of his alleged paternity.
However, Justice Fatima Maxwell found Tonderayi’s application to be without merit, citing excessive delay, lack of compelling justification, and weak supporting evidence.
“The delay is inordinate, and the explanation given for it is not satisfactory,” Justice Maxwell stated in her ruling. “Litigation concerning estates must be brought within a reasonable time to preserve the integrity of finalised proceedings.”
The estate of the late former president, who died in September 2019, was officially concluded in December 2020 under the administration of his daughter, Bona Nyepudzayi Mugabe. She was appointed executrix dative and opposed Tonderayi’s application through her lawyer, Addington Chinake of Kantor and Immerman.
Tonderayi claimed he was born in 1977 in Mozambique to a woman named Hilda Maeka, and that his true identity as Robert Mugabe’s son had been concealed throughout his life. In support of his claim, he submitted a revised birth certificate—issued in 2022 bearing the surname “Mugabe”—along with a DNA report and several affidavits from individuals he described as relatives.
High Court Dismisses Man’s Bid to Reopen Mugabe Estate Over Paternity Claim
Despite these efforts, the court found the documentation to be legally insufficient. Justice Maxwell ruled that the revised birth certificate, issued decades after his birth and long after the former president’s death, could not independently establish paternity in the absence of corroborating legal procedures.
“The law does not allow a near relative to come forward and acknowledge paternity on behalf of a deceased person, particularly in circumstances where the alleged father is a public figure with a settled estate,” she said.
Further weakening his case was the DNA report presented by Tonderayi, which purportedly showed a sibling relationship between himself and one Lawrencia Mugabe. However, the court found that the evidence was too vague and indirect to link Tonderayi to the late president conclusively.
“What it shows is that he might have been sired by one of the males related to the person who was tested,” the judge noted, “but it does not confirm that the late Robert Mugabe was his father.”
Justice Maxwell also considered the potential legal and financial disruption that reopening the estate would have on its already-acknowledged beneficiaries, more than four years after its closure.
“Allowing this application would significantly prejudice those whose rights have already been settled. The balance of convenience favours dismissal,” she ruled.
Tonderayi’s application was therefore dismissed with costs, further discouraging similar late-stage claims from emerging without robust evidence and justification.
The ruling adds to a series of legal battles surrounding Mugabe’s legacy, property, and family affairs since his death. As one of Africa’s most iconic and controversial post-independence leaders, Robert Mugabe’s estate includes vast land holdings, luxury properties, vehicles, and bank accounts. While the bulk of the estate was distributed among his widow Grace Mugabe and their children, it has continued to attract public interest and legal scrutiny.
The court’s decision underscores the importance of timeliness and evidence in inheritance cases, particularly those involving prominent individuals. Legal experts say the judgment sets a strong precedent for estate disputes involving public figures.
“This ruling reinforces the principle that courts will not entertain speculative or weakly substantiated claims—especially when they threaten to destabilise finalised legal matters,” said Harare-based estate law specialist, Advocate Chipo Mandaza.
With the court having ruled decisively, it appears the estate of Robert Mugabe will remain in the hands of his acknowledged family. For now, the decision marks the end of Tonderayi Gabriel Mugabe’s pursuit of recognition and inheritance—at least in the eyes of the law.
Source- Bulawayo24
