Oliver Mtukudzi's "Son" Aaron, Loses High Court Application On Using Mtukudzi Surname
The late musician Oliver “Tuku” Mtukudzi’s alleged son, Aaron Chaka’s High Court application seeking an order compelling the office of the Registrar of Births and Deaths to change his surname to Mtukudzi, has been struck off the roll.
According to NewsDay, Chaka, who was the applicant, had cited the Registrar of Births and Deaths, Mtukudzi’s widow Daisy Mtukudzi and the Master of the High Court as respondents.
High Court judge Justice Fatima Maxwell, who heard the application, struck the matter off the roll and ordered Aaron to obtain scientific confirmation that Mtkudzi is his biological father so that he can approach the Registrar-General to correct the error.
Chaka had sought an order directing the Registrar of Birth and Deaths to delete his father’s surname and particulars and replace them with those of Oliver Mtukudzi.
In his founding affidavit, Chaka stated that he was informed by his biological mother, Rose Makumbe, that she and Mtukudzi had a love relationship in 1978 which led to their cohabiting for a couple of months.
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He said they considered themselves as husband and wife though their union was not registered.
Chaka claimed that his mother fell pregnant and he was born on January 3, 1979.
He said a misunderstanding resulted in his parents separating before a birth certificate was obtained for him and his mother returned to her maternal relatives with him.
Chaka submitted that with time, his mother got married customarily to one Josiah Chaka, who assumed the role of a caring father and provider of basic necessities.
He said his mother was forced to acquire a birth certificate for him using her maternal details and other supportive documents before his step-father agreed to use his own details so that they would appear on the birth certificate as his father.
Chaka told the court that when he reached 25 years of age, his mother informed him who his biological father was and that he assumed the surname Chaka for his convenience.
He said in 2010, his mother took him to Norton, where Mtukudzi resided and he was introduced to the late musician.
Chaka said Mtukudzi acknowledged him and promised to introduce him to his other siblings from an earlier marriage, Samantha and Selmor.
Mtukudzi then passed away before the introductions were done.
Chaka said the introductions were only done in April 2019 by one Godfrey Mukonowenzou, a brother of Mtukudzi, who was appointed family guardian.
Mukonowenzou allegedly promised Chaka that he and his kinsman would initiate the process of correcting the details on his birth certificate and align them to his correct paternal lineage cogent to his blood, tribal roots and ancestry.
Chaka said in February 2022, a team consisting of Mukonowenzou, Bybit Mtukudzi, Rose Makumbe and himself visited the offices of the Registrar of Births and Deaths.
He said they were interviewed and asked to depose to affidavits stating the history, facts and other supporting details relating to his birth and parents.
An affidavit by Josiah was requested, but could not be availed as he had passed away in 2019 and an affidavit was deposed to by Chaka’s half-sister, Jenifer Chaka.
Chaka said despite availing the affidavits, the Registrar of Births and Deaths further requested a court order on the basis that owing to Mtukudzi’s popularity and status, an order from a court of law was necessary.
He said Mukonowenzou then approached the community court of Chief Mutumba on February 26, 2023, seeking an order to compel Daisy to release Mtukudzi’s death certificate and a default judgment was issued.
However, when Chaka approached the Registrar of Births and Deaths with the order from the community court, he was advised that only the High Court had the jurisdiction to issue an appropriate order and he then filed this application before the top court.
He submitted an affidavit by Mukonowenzou confirming Mtukudzi’s relationship with Makumbe, his birth certificate, and Bybit’s affidavit confirming that she knew about his birth and that he was her late brother’s son.
Makumbe also submitted an affidavit outlining her relationship with Mtukudzi, the birth of Aaron and the circumstances in which a birth certificate was obtained for the applicant.
Jennifer, in her affidavit, also stated that her father used to tell her that although his name appears on Aaron’s birth certificate, he was not his biological son.
She said her father revealed their mother was already pregnant with another man called Oliver Mtukudzi by the time they started cohabiting.
The Registrar of Births and Deaths opposed the application arguing that the relief sought by the applicant was the cancellation and re-registration of the birth certificate.
The Registrar said Aaron needed to satisfy the requirements for cancellation and re-registration of his birth certificate.
The Registrar also pointed out that Aaron should avail Mtukudzi’s death certificate and affidavits by Josiah’s blood relatives confirming that Josiah was not his biological father.
The Registrar further requested a paternity test.
In his answering affidavit, Chaka stated that there were no surviving relatives of Josiah.
He also claimed that Daisy was refusing to hand over Mtukudzi’s death certificate.
Chaka said in his view, a paternity test was not necessary as there are affidavits from members of Mtukudzi’s family accepting him.
More: Pindula News
