Harare – A Harare man claiming to be the secret son of the late former President Robert Mugabe, Tonderai Gabriel Mugabe, withdrew his High Court application seeking a share of the late leader’s estate last Friday. The withdrawal, which came after intense scrutiny of his case, leaves the estate undisturbed.
Tonderai’s application, filed against Bona Mugabe, the executor of the estate, sought to reopen the estate and include himself as a rightful heir. The application also named the Registrar of Births and Deaths and the Master of the High Court as respondents.
His legal team, led by Mr T.M. Zenda of Hungwe and Partners, cited several issues needing rectification before resubmitting a revised application. These issues included a review of the Master of the High Court’s decision to proceed with the estate’s distribution despite pending High Court cases.
Tonderai further alleged that his parents reconnected after Zimbabwe’s independence and maintained contact, although Mugabe kept their relationship secret from his family. He stated that he had occasional meetings with his father but that the relationship remained undisclosed to the Mugabe family. He also claimed to have been in contact with some members of the Mugabe family, including his aunt, Laurencia Machemedze Mugabe. He added that his father’s death prevented his formal introduction to the family.
However, the court, presided over by Justice Tawanda Chitapi, found significant flaws in Tonderai’s application. Mr Addington Chinake of Kantor and Immerman, representing Bona Mugabe, effectively dismantled Tonderai’s arguments, highlighting the failure to challenge the Master of the High Court’s decision within the legally mandated six-week period. This procedural lapse rendered the claim legally prescribed, effectively barring the claim.
Given the insurmountable legal obstacles and the fatal procedural defects, Mr Zenda, representing Tonderai, requested an adjournment to consult with his client. Upon reconvening, the decision to withdraw the application was made, with Tonderai agreeing to bear the costs incurred by the estate in defending against his claim. Justice Chitapi accepted the withdrawal, describing the case as “fatally defective and legally incurable.”
The withdrawal of Tonderai’s application brings an end to this chapter in the ongoing saga surrounding the late former President Mugabe’s legacy.