Aaron Chaka, who asserts that he is the son of the late Oliver “Tuku” Mtukudzi, has lost his legal bid to adopt the Mtukudzi surname. He approached the High Court, seeking an order to compel the Registrar of Births and Deaths to change his surname to Mtukudzi.
However, Justice Fatima Maxwell dismissed the case, instructing Aaron to provide scientific proof of his paternity before making such a request to the Registrar-General.
According to Newsday, the Registrar of Births and Deaths opposed Aaron’s application, arguing that the relief he sought effectively amounted to the cancellation and re-registration of his birth certificate.
The Registrar emphasized the necessity for Aaron to meet the legal requirements for this process, which included presenting Oliver Mtukudzi’s death certificate and affidavits from Josiah Chaka’s relatives affirming that Josiah was not his biological father. Additionally, a paternity test was requested to substantiate Aaron’s claim.
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Aaron claimed that Daisy Mtukudzi was unwilling to release Oliver Mtukudzi’s death certificate. He also argued that a paternity test was unnecessary, citing affidavits from members of the Mtukudzi family that acknowledged him.
Justice Maxwell noted that Aaron’s birth was registered under section 12(2)(a) of the Births and Deaths Registration Act [Chapter 5:02], with Josiah Chaka listed as his father, acknowledging himself as such.
The judge stated that Aaron, being a child born out of wedlock, could not independently request the re-registration of his birth. Such an application must be made by a parent or relative.
The judge concluded, “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.”
Justice Maxwell advised Aaron to produce more concrete evidence, such as a paternity test and authentic affidavits, to demonstrate that the late Oliver Mtukudzi is indeed his biological father and not Josiah Chaka.
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