Gundani, one of
the leading geologists in Southern Africa whose expertise took him to Angola,
died on January 16, 2021, a day before his 52nd birthday.
At the heart of
the matter lies property, a mistress, and a contested will that has left
Gundani’s two wives out in the cold.
The Supreme
Court, last week, overturned a High Court ruling that dismissed the claims of
two women —Grace Lillian Simbanegavi and Anna Muchenje — who were Gundani’s
wives, albeit under contentious circumstances.
The court, led
by Justice Susan Mavangira, with Justices George Chiweshe and Joseph Musakwa
concurring, referred the matter back to the lower court for further
deliberation, declaring that the beneficiaries of the will had not been given
the chance to defend their stakes.
Gundani’s last
will and testament, penned in 2017, left his first wife, Grace, with nothing,
giving their former matrimonial home in Gweru’s Lundi Park to a woman named
Lorraine Ncube.
Lorraine is
said to have been his mistress.
The will also
bequeathed another property, co-owned with his second wife, Anna, entirely to
his son and nephews —seemingly disregarding Anna’s legally recognised
half-share.
Grace, who
married Gundani under customary law in 1993 and later solemnised their union in
2009 under the Marriages Act, claimed to have contributed significantly to the
Lundi Park property, which she regarded as their matrimonial home.
However, by the
time of Gundani’s death, Grace had relocated to the United Kingdom, a fact the
executor used to argue that she had forfeited her rights.
Anna, Gundani’s
second wife under a customary marriage initiated in 2012, co-owned the Ashdown
Park property in Harare with him. Gundani’s will gave away what he did not
fully own. The two women, represented by Mr Mandishora Mavhiringidze of
Mavhiringidze and Mashanyare Legal Practitioners, joined forces to challenge
the will, arguing it violated their property rights, disrespected their marital
status, and flew in the face of public policy.
The executor of the estate, Mr Michael Jumo, stood firm, defending the will as valid and pointing to the deceased’s testamentary freedom —the right to dispose of one’s property as one wishes after death.
He argued, through his lawyer Advocate Givemore Madzoka, that Gundani’s bequests were within his rights, especially as the contested properties were either solely owned or limited to his share.
The High Court had initially sided with the executor, declaring that Gundani’s will was valid and dismissing the wives’ claims as meritless. It emphasised that moral judgments about extramarital relationships do not invalidate legal rights.
Costly for the appellants, the court not only rejected their case but awarded punitive costs against them.
However, in a dramatic turn, the Supreme Court found a glaring procedural oversight.
The will’s
beneficiaries —Lorraine Ncube, and Gundani’s son and nephews—were never cited
or heard in the case.
In delivering
the Supreme Court’s judgment, Justice Mavangira underscored a critical legal
principle.
“The court a
quo heard and determined a matter involving a will without affording the
beneficiaries of the said will the opportunity to be heard. It is common cause
that the said beneficiaries have a real and substantial interest in the
matter.”
The judgment
declared that the case could not be resolved without hearing from all affected
parties, including those who stood to gain from the will.
With this, the
case was sent back to the High Court for a fresh round of litigation — this
time with all the players on the field.
At the core of
this legal drama lies a battle between two competing values: testamentary
freedom and the rights of surviving spouses.
Grace and Anna
argue that Gundani’s will undermines their entitlements as lawful wives, with
Grace pointing to the exclusivity of her civil marriage, and Anna citing her
co-ownership of the Ashdown Park property.
On the other
side, the executor contends that Gundani’s will was clear, valid, and legally
sound.
He argues that
public policy does not restrict a man from leaving his estate to whomever he
pleases, even if the chosen beneficiary is a mistress. This case has reignited
debate around how the law balances the sanctity of marriage, the rights of
surviving spouses, and the boundaries of testamentary freedom.
The Supreme
Court’s decision to remand the case to the High Court ensures that the story of
Gundani’s will is far from over.
The new
proceedings will now include Lorraine Ncube and the other beneficiaries,
setting the stage for a legal showdown that promises to test the limits of
Zimbabwe’s succession laws. H Metro
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