HARARE – The High Court has dismissed an application by a man claiming to be the late President Robert Mugabe’s biological son, ruling that the applicant failed to provide conclusive proof of paternity and had no legal basis to be included in the former leader’s estate.
The man, born Tonderayi Maeka in 1977 in Chimoio, Mozambique, and now known as Tonderayi Gabriel Mugabe, had approached the High Court seeking official recognition as Mugabe’s son and a rightful heir to his estate. The estate, which includes multiple properties, assets, and investments, is currently being administered by Mugabe’s daughter, Bona Mugabe.
In his application, Tonderayi alleged that he was the product of a secret relationship between Robert Mugabe and his mother, a woman named Hilda Maeka, during the liberation struggle. He claimed that his identity was deliberately concealed to protect the president’s public image and political legacy. He also argued that he had occasional contact with Mugabe during his lifetime and that his efforts to be recognised as a family member were ignored by the Mugabe family after his mother passed away.
However, High Court Judge Justice Fatima Maxwell, presiding over the matter, found that the application was riddled with inconsistencies, lacked credible evidence, and relied on speculation rather than verified facts. The judge said the court could not accept claims of such magnitude without documentary and biological proof.
“None of the documents confirms who the father of the child is,” the judge stated in her ruling, delivered this week.
High Court Rejects Man’s Bid to Be Recognised as Mugabe’s Secret Son
In support of his claim, Tonderayi underwent a DNA test — but not with any of Mugabe’s known children. Instead, the comparison was conducted with Lawrencia Mugabe, who is reportedly the daughter of Mugabe’s late sister, Bridget. The test, however, did not yield definitive results, and the court raised concerns about its relevance and accuracy in establishing paternity.
Justice Maxwell noted that Zimbabwean customary traditions and legal standards did not support using such indirect biological links to determine lineage in matters of inheritance.
“The sibling tested with him is Lawrencia Mugabe, who stated she was born to ‘Tete Bridget’. Traditionally, ‘Tete Bridget’ would not be married into the Mugabe family as she is from that family,” the judge explained. “It is therefore questionable whether her children can assist in proving that one is a member of the Mugabe family.”
This critical flaw, the High Court said, weakened the applicant’s case and raised serious doubts about the validity of his claim.
Beyond the DNA issue, the court scrutinised Tonderayi’s documentation, particularly his birth certificate, which was issued during Robert Mugabe’s lifetime but did not list the late president as his father.
Justice Maxwell emphasised that under the Births and Deaths Registration Act, the absence of the father’s name at birth registration — especially in high-profile cases such as this — indicates a lack of formal acknowledgement of paternity. Furthermore, legal provisions for re-registering a birth to include a father’s name are limited and did not apply in this case.
“Applicant did not state that his mother ever married the late Robert Gabriel Mugabe,” said the judge. “That may be the reason why, even though the Registration Office might have bowed to the pressure of the name, they did not go as far as to reflect the alleged father’s details on the birth certificate.”
In addition to seeking recognition, Tonderayi also asked the court to condone his late filing of the claim. However, this plea was also rejected.
The court noted that Mugabe’s estate had already been finalised on 18 December 2020, following all necessary legal procedures. Despite claiming that he had notified Bona Mugabe and her legal team of his claim, Tonderayi only formally approached the court in 2023, more than two years after the estate had been concluded.
He also attempted to reopen the estate under case number HCH 3729/23, but that application was similarly thrown out due to lack of legal merit and unreasonable delay.
“There was no justification for the delay, and no compelling legal basis to disturb an already concluded estate,” ruled Justice Maxwell.
The High court’s decision brings an end to a sensational and widely publicised case that had sparked public debate and media speculation. Legal experts have welcomed the ruling as a reaffirmation of the need for proper legal procedure and evidence-based justice in matters of inheritance — especially in cases involving high-profile individuals.
Robert Mugabe, who died in September 2019 at the age of 95, left behind a contested legacy and significant wealth. While several individuals have previously made similar claims of being his offspring, none have succeeded in court due to lack of credible evidence.
As of now, the administration of his estate remains in the hands of his immediate family, and no further legal challenges are pending.
Source- Zimlive
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