The High Court of Zimbabwe has rejected a legal challenge from Tonderayi Gabriel Mugabe, who asserted that he is the biological son of the late former President Robert Gabriel Mugabe, and sought to reopen the estate of the national hero that had been closed.
On 1 August 2025, Justice Fatima Maxwell delivered a comprehensive judgment, determining that the application lacked merit due to a significant and unjustified delay, as well as inadequate evidence to establish paternity.
The estate, which was officially closed in December 2020, had remained inactive for over four years before Tonderayi submitted his application in February 2025. Justice Maxwell characterized the delay as “inordinate” and concluded that the applicant did not provide a convincing rationale for his tardy 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 remarked.
The affidavits presented by individuals claiming to have knowledge of the applicant’s supposed lineage were also deemed legally inadequate. “Affidavits made after the death of the alleged father, especially by individuals lacking legal or biological standing to assert such facts, do not possess the evidentiary weight necessary in succession matters,” the judge noted.
Bona Nyepudzayi Mugabe, the daughter of the late president and executor of the estate, opposed the application and was represented by lawyer Addington Chinake from Kantor and Immerman. The court concurred with her stance that reopening the estate would impose undue hardship on 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 concluded.
In her concluding remarks, the judge highlighted that a lack of understanding of legal procedures does not excuse delays in submitting such claims. She stated, "Mistaken processes, or insufficient legal knowledge, do not serve as a valid reason to halt the timeline for review. Consequently, this application is dismissed with costs."The estate of the deceased President Robert Mugabe, registered as Estate DR 2703/19, is officially closed.