The High Court of Zimbabwe has rejected a legal claim by Tonderayi Gabriel Mugabe, who asserted he was the biological son of the late former President Robert Gabriel Mugabe and sought to reopen the estate of the national figure.
On August 1, 2025, Justice Fatima Maxwell ruled that the application lacked merit, citing an unjustified and prolonged delay, as well as insufficient evidence to establish paternity.
The estate had been officially closed since December 2020 and remained inactive for over four years before Tonderayi filed his claim in February 2025. Justice Maxwell described this delay as “inordinate” and found the explanation for the late filing unsatisfactory. “The estate was closed in December 2020, yet the applicant only approached the court in February 2025. This delay of over four years is excessive,” she stated.
The court questioned the credibility of the evidence presented, which included a revised birth certificate, a DNA report, and affidavits from individuals claiming knowledge of the alleged paternity. Justice Maxwell ruled that these did not meet the legal requirements to prove a biological connection to the late president.
She noted, “The inclusion of a father’s name on a birth certificate typically indicates acknowledgment of paternity, whereas its absence during the alleged father’s lifetime suggests non-acknowledgment.”
Regarding the DNA report linking Tonderayi to a woman named Lawrencia Mugabe, the court found no conclusive proof connecting him directly to Robert Mugabe. “The DNA shows a genetic relationship with Lawrencia Mugabe but does not establish Robert Gabriel Mugabe as the biological father. At best, it suggests relation to a male member of the broader Mugabe family, which is insufficient,” the judge explained.
The court also dismissed the legal significance of Tonderayi’s 2022 birth re-registration, which changed his surname to Mugabe. Justice Maxwell emphasized that such administrative changes do not legally prove paternity, especially without acknowledgment from the deceased during his lifetime.
Affidavits submitted after Mugabe’s death by individuals claiming knowledge of Tonderayi’s lineage were also rejected as inadequate for inheritance claims. “Affidavits from persons lacking legal or biological standing, made posthumously, do not carry the required evidentiary weight,” the judge said.
Bona Nyepudzayi Mugabe, the late president’s daughter and estate executor, opposed reopening the estate. Represented by lawyer Addington Chinake of Kantor and Immerman, she argued that reopening would unfairly burden beneficiaries who had already received their inheritance more than four years ago.
Justice Maxwell agreed, stating, “Reopening the estate on speculative and poorly supported claims would prejudice the beneficiaries. The balance of convenience favors dismissal.”
In conclusion, the judge stressed that ignorance of legal procedures does not excuse delays in filing claims. “Errors in proceedings or lack of legal knowledge do not stop the clock for review. Therefore, this application is dismissed with costs.”
The estate of the late President Robert Mugabe, registered as Estate DR 2703/19, remains officially closed.
