The decision follows after Ginimbi’s family led by his
sister Juliet’s filing of an urgent chamber application to stop Darangwa from
acting as Ginimbi estate’s executrix.
The family claimed that the will was not attested to by
Ginimbi or signed for them to accept it.In her finding, Justice Sylvia
Chirawu-Mugomba said the family’s rights must be protected.
“Even if the court finds on the return date that the
document should be taken as a will, their rights must be protected,” ruled
Justice Chirawu-Mugomba. The judge ordered Darangwa to stop acting on behalf of
Ginimbi.
“Darangwa be and hereby interdicted from administering the
estate of the late Genius Kadungure under DR No 1771/20.
“The Master of High Court be and is hereby interdicted from
accepting any process in relation to the administration of the estate of the
late Genius Kadungure under DR No. 1771/20 filed by or on behalf of Darangwa.
“Darangwa be and is hereby interdicted from presenting the
letters of administration issued to her in Zimbabwe under DR No.1771/20 to the
Master of the High Court in the Republic of South Africa for purposes of the
administration of the deceased’s estate in relation to assets in that country.
“The Registrar of the High Court of Zimbabwe at Harare is
directed to expedite the return date hearing,” reads the judgment. The judge
said her decision was inevitable since the disputed document failed to meet all
formalities.
“It is therefore inevitable that the merits of the final
order sought be considered. It is my considered view that the basis of the
whole matter revolves around the crucial issue of the acceptance of a document
that did not meet all the formalities as specified in s 8 (1) (a-d) of the
Wills Act as the will of the deceased.
“These are writing, signing and attestation. Section 8(5)
therefore becomes an exception to the norm in that it gives the Master of High
Court, the power to accept a document that does not meet some of the
formalities.
“That section in my view seeks to create a balance between
being overly rigorous to the extent that it may prejudice beneficiaries in
instances where it is clear that indeed the deceased wanted their estate to be
dealt with in a particular manner but failed but failed to comply fully s 8(1)
and potential fraudulent documents being touted as wills,” reads the judgment.
Ginimbi died in a car crash on November 8 last year. The
family was challenging the authenticity of the document which they claim is
imprecise and not dated.
The court also found out that the family has a substantial
and real interest in this matter and have a right to arrest the illegality that
aggravates in the deceased’s estate at the behest of Darangwa to their
prejudice.
They are accordingly within their rights to approach this
court. On the merits, the family feared that they were exposed since Darangwa
did not furnish any monetary security for the faithful administration for
Ginimbi’s estate. H Metro
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