Oliver Mtukudzi’s ‘Son' Loses Court Challenge
Aaron Chaka who claims to be the late Oliver “Tuku” Mtukudzi’s son, has lost his legal battle to use his name.
Tuku’s Secret Son Aaron Reluctant to Go for DNA Testing
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.
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.
Oliver Mtukudzi’s ‘Son' Loses Court Challenge
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.”
