Mugabe heir's bid to reopen estate crumbles in High Court

An attempt by Tonderai Mugabe, a man claiming to be the secret son of the late President Robert Mugabe, to stake his claim on the former leader's estate ended in defeat at the High Court in Harare last week.

Tonderai had sought a declaration to reopen President Mugabe's estate to include himself as an heir, but his case was withdrawn under mounting legal and factual scrutiny. He also agreed to pay wasted costs, covering the expenses incurred by the estate in opposing his claim.

The civil suit, which named Mugabe's daughter and executor Bona Mugabe as the respondent, was heard before Justice Tawanda Chitapi, who subjected the case to intense interrogation.
Flaws in the Claim

The court highlighted multiple deficiencies in Tonderai's claim, chief among them his failure to challenge the decision of the Master of the High Court within the required six-week statutory period. This rendered his case time-barred and legally inadmissible.

Tonderai, represented by Mr. T.M. Zenda of Hungwe and Partners, had also sought to compel Bona Mugabe to produce the death certificate of the late President, even threatening her with contempt of court for non-compliance. This demand, described by the court as legally baseless, was seen as a desperate attempt to bypass legal safeguards against reopening the estate.
Defense Dismantles Case

Mr. Addington Chinake of Kantor and Immerman, representing the estate, systematically dismantled Tonderai's arguments. He emphasized that the provisions in the claimant's draft order lacked any lawful foundation.

Justice Chitapi agreed, noting that the evidence presented was insufficient to grant the requested order. The judge dismissed Tonderai's reliance on his self-adopted surname, "Mugabe," as irrelevant, stating that a name alone does not confer legal status as a descendant.

Mr. Chinake also pointed out that the estate had already been wound up and distributed, a finality protected by law, making any further claims inadmissible.
Questionable Evidence

Tonderai's case rested on DNA results and a birth certificate, which he claimed proved his paternity. However, the court found that these documents failed to meet the stringent standards of the Civil Evidence Act and lacked credibility.

Tonderai alleged he was born on April 20, 1977, in Chimoio, Mozambique, during the liberation war. He claimed his mother, Hilda Maeka, known by her Chimurenga name Paidamoyo, was President Mugabe's lover, and that his paternity was concealed to avoid angering Mugabe's wife, Sally.

However, the court found no substantive evidence to support these claims. Tonderai's alleged efforts by his maternal grandfather to seek recognition from the Mugabe family were also unverified.
Withdrawal and Aftermath

Faced with a damning assessment of his case, Tonderai withdrew his claim after conferring with his legal counsel. Justice Chitapi accepted the withdrawal, describing the case as "fatally defective and legally incurable."

The ruling reaffirmed the legal protections surrounding the finality of estate distributions and shielded the late President's estate from sensational, unsubstantiated allegations.

For Tonderai, the outcome marked the end of his quest for recognition as a Mugabe heir, leaving the estate intact and the legacy of the late President undisturbed.