The High Court of Zimbabwe has dismissed a legal challenge by Tonderayi Gabriel Mugabe, who claimed to be the biological son of the late former President Robert Gabriel Mugabe, and sought to reopen the closed estate of the national hero.
Justice Fatima Maxwell, delivering a detailed judgment on 1 August 2025, found the application to be without merit, citing a prolonged and unjustified delay and insufficient evidence to prove paternity.
The estate, which was officially closed in December 2020, had been dormant for over four years before Tonderayi filed his application in February 2025. Justice Maxwell described the delay as “inordinate” and ruled that the applicant failed to provide a plausible explanation for his late action. “The estate was closed in December 2020, and yet he only approached the court in February 2025. This is a delay of over four years. The delay is inordinate, and the explanation given for it is not satisfactory,” she said.
The court was critical of the evidence presented by Tonderayi, including a revised birth certificate, a DNA report, and affidavits from individuals claiming to know about his alleged paternity. Justice Maxwell ruled that these documents did not satisfy the legal threshold for establishing a biological relationship with the late president.
“The inclusion of a father’s name on a birth certificate is usually proof of acknowledgment of paternity. Conversely, the absence of such inclusion, especially during the lifetime of the alleged father, indicates non-acknowledgment,” the judge stated.
Regarding the DNA evidence that allegedly showed a genetic relationship with a woman named Lawrencia Mugabe, the court concluded that it did not prove that Robert Mugabe was the applicant’s father. “The DNA report presented shows only that the applicant shares some genetic relationship with an individual named Lawrencia Mugabe. It does not prove that Robert Gabriel Mugabe is the biological father,” the judge ruled. “At best, the evidence suggests he may be related to a male in the broader Mugabe family. That is not sufficient.”
Justice Maxwell also rejected the legal significance of the re-registration of Tonderayi’s birth in 2022, which changed his surname to Mugabe. She noted that such administrative actions, without the deceased’s lifetime acknowledgment of paternity, are not valid for legal claims in inheritance matters.
“The re-registration of the applicant’s birth and change of surname does not satisfy the requirements of the law for proving paternity. The law does not permit a third party or near relative to declare paternity on behalf of the deceased, particularly when that paternity was never acknowledged in the person’s lifetime,” she said.
The affidavits submitted by individuals purporting to have knowledge of the applicant’s alleged lineage were also dismissed as legally insufficient. “Affidavits made after the death of the alleged father, especially by persons with no legal or biological standing to assert such facts, do not carry the evidentiary weight required in matters of succession,” the judge stated.
Bona Nyepudzayi Mugabe, daughter of the late president and executor of the estate, opposed the application and was represented by lawyer Addington Chinake of Kantor and Immerman. The court agreed with her position that reopening the estate would cause undue hardship to the beneficiaries who had received their entitlements over four years ago.
“This court finds that it would be prejudicial to the beneficiaries to reopen the estate based on speculative and poorly substantiated claims. The balance of convenience favours the dismissal of this application,” Justice Maxwell ruled.
In her final statement, the judge emphasized that ignorance of legal procedure is no justification for delays in filing such claims. She added “Erroneous proceedings, or a lack of legal knowledge, are not an excuse that prevents the time from running for purposes of review. This application is therefore dismissed with costs.”
The estate of the late President Robert Mugabe, filed under Estate DR 2703/19, remains officially closed.
