High Court Rejects Mugabe’s Love Child Bid For Inheritance From Late President’s Estate

The High Court of Zimbabwe has firmly rejected a late legal challenge by Tonderayi Gabriel Mugabe, a man who claims to be the love child of the late former President Robert Gabriel Mugabe. Tonderayi had sought to reopen the national hero’s estate—closed since December 2020—so he could stake a claim. But Justice Fatima Maxwell ruled on 1 August 2025 that the application was without merit and riddled with inconsistencies.

Judge Slams Delay And Weak Evidence

In a judgment that ran over 20 pages, Justice Maxwell dismissed the condonation application to file the claim out of time. She found the delay of more than four years to be both excessive and unexplained.

“The applicant has failed to give a plausible or compelling explanation for the delay in filing this application. 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,” said Justice Maxwell.

She said Tonderayi had not demonstrated why he waited until 2025 to raise such a serious claim, despite having known about the closure of the estate and the identity of the executrix for years.

“There is no detailed chronology of events to explain how and when he came to know of the estate proceedings, or what steps he took to assert his rights if indeed he believed he had any.”

DNA Report And Birth Certificate Do Not Prove Paternity

Tonderayi, through his lawyer Mr Muchivete Hungwe, submitted a revised birth certificate bearing the Mugabe surname, affidavits from alleged family members, and a DNA report. But the judge said these were insufficient to establish a biological connection to the late President.

“None of the annexures submitted assist the applicant. 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.”

On the DNA report, which allegedly proved a sibling relationship with Lawrencia Mugabe, Justice Maxwell was blunt:

“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. At best, the evidence suggests he may be related to a male in the broader Mugabe family. That is not sufficient.”

Court Says Name Change And Affidavits Not Enough

Tonderayi also re-registered his birth in 2022, altering his surname to Mugabe. The judge, however, noted that this process was not legally adequate to establish paternity.

“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 also questioned the credibility of affidavits submitted by individuals claiming to know of his alleged paternity:

“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.”

Bona Mugabe Maintains Role As Executor

Bona Nyepudzayi Mugabe, the late president’s daughter and executrix dative of the estate, opposed the application. She was represented by top lawyer Mr Addington Chinake of Kantor and Immerman.

The court sided with Bona, stating that the claim—if allowed—would unfairly disturb the estate’s beneficiaries, who had already 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 concluded:

“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 late President Robert Mugabe’s estate, filed under Estate DR 2703/19, remains closed.