Harare – The quest of Aaron Chaka to legally assume the surname Mtukudzi and claim his place as the late music legend Oliver “Tuku” Mtukudzi’s son has hit a major roadblock, with the High Court dismissing his application. The court’s decision, delivered by Justice Fatima Chakapamambo Maxwell, hinges on a series of discrepancies in Chaka’s claims and the absence of concrete evidence, culminating in a demand for a paternity test.
The case, which has cast a long shadow over the Mtukudzi family, has been fraught with controversy since its inception. Aaron Chaka, the 45-year-old claimant, was seeking an order to alter his birth certificate, replacing his father’s details with those of the late music icon. However, the Registrar of Births and Deaths, the first respondent in the case, vehemently opposed the application, arguing that Chaka’s request essentially amounted to cancellation and re-registration of his birth certificate, a process requiring a more rigorous set of evidence.
The court, in its ruling, echoed the Registrar’s concerns, highlighting the need for “concrete evidence” to support Chaka’s claim.The court’s demand for a paternity test has stirred a storm of controversy with Chaka and the Mtukudzi family at loggerheads over the court’s demand.
“Wherefore, I pray that the applicant produces more concrete evidence in the form of a paternity test and authentic affidavits to prove that indeed the late Oliver Mtukudzi is his biological father, and not Josiah Chaka,” the Registrar of Births and Deaths stated in court documents.
Justice Maxwell, in her judgment, underscored the inconsistencies in Chaka’s claims, particularly regarding the timing of his birth certificate acquisition. Chaka had asserted that the document was obtained to facilitate his schooling, a claim that the court found incongruous.
“I am alive to the fact that in the 1980s, when the applicant would have started schooling, children were enrolled at between six or seven years of age,” Justice Maxwell noted. “It would have followed that the birth certificate would have been obtained in the 80s if it was to facilitate the applicant’s schooling.”
The court pointed out that Chaka’s birth certificate was obtained on November 4, 2005, a full 26 years after his birth and 25 years after he claimed to have been informed of his biological father. “The papers before the court tell a different story. The birth was registered on October 4, 1979, the same year the applicant was born, exactly nine months after his birth,” Justice Maxwell said.
The court also raised concerns regarding the discrepancies between the name of Chaka’s mother as stated in the court application and the birth certificate. “The mother of the child on the birth certificate is given as Rose Kasaki. No affidavit confirmed that Rose Makumbe is the same person as Rose Kasaki. The affidavits confirming a relationship between the late Oliver Mtukudzi and Rose Makumbe are, therefore, not relevant where the mother of the child is given as Rose Kasaki,” Justice Maxwell stated.
This latest development has reignited the controversy surrounding Chaka’s claims, which have caused a rift within the Mtukudzi family. Daisy Mtukudzi, the late musician’s widow, has been a vocal critic of Chaka’s claims, accusing him of being an imposter and demanding a DNA test to settle the matter.
“Where was he all along? Why has he all of a sudden decided to come forward claiming to be my husband’s son? What is his real motive?” Daisy Mtukudzi questioned in a previous interview with The Sunday Mail Entertainment.
She has maintained her stance, challenging Chaka to undergo a DNA test to clear the air. “There are plenty of Tuku’s blood relatives around. He (Aaron) should choose one to go with for DNA tests so that the world knows the truth, but I know he is lying through his teeth,” she said.
Chaka, however, has been reluctant to submit to a DNA test, arguing that it goes against his cultural beliefs. “I will never make myself available for DNA testing, even if Tinashe Mugabe offers to do it for free. Besides, this is against our tradition. Traditionally, we did not do DNA tests; why now? Tinashe (Mugabe) has since been warned by our elders not to meddle in our family affairs. Family elders are confident because my late father introduced me to them,” he said in a previous interview.
The court’s ruling has left Chaka’s future uncertain, with his quest to be recognized as Tuku’s son now dependent on the outcome of a paternity test. He has promised to visit The Sunday Mail Entertainment offices for an interview, but failed to do so by the time of going to print.
“The problem is muri kudya mari mega (you are financially benefitting) from my stories. I should be getting something out of this. ZTN also called me; they want my interview,” Chaka said over the phone. “The issue at hand cannot be discussed over the phone. Let me come there. I will consult my manager, then come and see you.”
The court’s decision has stirred a hornet’s nest within the Mtukudzi family, with Godfrey Mukonowenzou Mtukudzi, the late Tuku’s younger brother, publicly supporting Chaka’s claim. Mukonowenzou, who has been unreachable for comment since the court’s ruling, previously told The Sunday Mail Entertainment: “I have known Aaron since his birth in 1979. Mukoma Tuku was in a naughty relationship with Rosie Makumbe when he was still in Highfield.
“When she became pregnant, he transferred her to Gweru so that the news did not spread. He did not want his wife and friend Jack Sadza to find out. Rosie was Jack’s sister. When Aaron was born, he used to take care of them and provided everything needed.”
The court’s demand for a paternity test has thrown a spotlight on the issue of paternity claims that have surfaced since Tuku’s passing in 2019. The late singer’s family has been inundated with calls from individuals claiming to be his offspring, some even expressing a willingness to undergo DNA tests.
At least four children have emerged since Tuku’s death, two of them male, all from different mothers. Prior to this, The Sunday Mail Entertainment exclusively revealed in 2010 that Tuku had another son, Selby, a claim that the family vehemently denied at the time. Selby’s story was later corroborated by journalist and Tuku’s former publicist Shepherd Mutamba in his biography “Tuku Backstage.”
The late singer’s official children are Sandra, Selmor, Samantha, Sybil, and the late Sam. Tuku’s widow is the sole beneficiary of the estate, as per a will filed by a law firm indicating that Daisy Kudzai Mtukudzi was to inherit all movable and immovable property.
The family’s major immovable asset is the Pakare Paye Arts Centre in Norton, while movable property includes several vehicles, among them a Land Rover Discovery with personalised number plates.
The court’s decision has left Chaka’s future hanging in the balance, his claim to be Tuku’s son now resting on the outcome of a paternity test which he has vowed not to undergo.
