He had gone to the High Court seeking an order compelling
the office of the Registrar of Births and Deaths to change his surname to
Mtukudzi. But High Court judge Justice Fatima Maxwell, struck the matter off
the roll and ordered Aaron to obtain scientific confirmation that the late
national hero is his biological father so that he can approach the
Registrar-General to correct the error.
Newsday reports that the Registrar of Births and Deaths had
opposed the application pointing out that the relief sought by the applicant
was actually the cancellation and re-registration of the birth certificate,
saying it was, therefore, imperative for Aaron 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.
Aaron said that Daisy was refusing to hand over Mtukudzi’s
death certificate. Aaron said in his view, a paternity test was not necessary
as there are affidavits from members of Mtukudzi’s family accepting him.
The judge said Aaron was a child born out of wedlock as his
birth was registered in compliance with section 12(2)(a) of the Births and
Deaths Registration Act [Chapter 5:02], adding that Joshua acknowledged himself
to be the father of the child.
“Applicant cannot competently request a re-registration of
his birth. Firstly, his parents never married, so he still remains a child born
out of wedlock. Secondly, the law gives the right to make the application for
re-registration to a parent or relative. A child cannot make the application
for himself.
“Wherefore, I pray that the applicant produces more
concrete evidence in the form of a paternity test and authentic affidavits to
prove that, indeed, the late Oliver Mtukudzi is his biological father and not
Josiah Chaka.”
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