Aaron Chaka (45), who claims to be the son of the late music legend and national hero Oliver “Tuku” Mtukudzi, has faced a significant legal setback.
His bid to have the Registrar of Births and Deaths officially change his surname to Mtukudzi was struck off the High Court roll.
Aaron had filed the application citing the Registrar of Births and Deaths, the late Tuku’s widow Daisy Mtukudzi, and the Master of the High Court as respondents.
He sought an order directing the Registrar to replace his current surname with Mtukudzi on his birth certificate, effectively recognizing Oliver Mtukudzi as his father.
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Justice Fatima Maxwell, who presided over the case, ruled that Aaron must first obtain scientific proof that Oliver Mtukudzi is indeed his biological father before any changes to his birth certificate can be considered. The court found Aaron’s evidence insufficient, highlighting the need for a paternity test to substantiate his claims.
According to Aaron’s affidavit, his mother, Rose Makumbe, had a relationship with Mtukudzi in 1978, during which they lived together and she became pregnant. Aaron was born on January 3, 1979, but his parents separated before obtaining a birth certificate for him. Consequently, Rose later married Josiah Chaka, who assumed the role of Aaron’s father, and his name was used on Aaron’s birth certificate.
Aaron revealed that he only learned the true identity of his biological father when he was 25 years old. In 2010, his mother took him to meet Mtukudzi, who allegedly acknowledged him and promised to introduce him to his half-siblings, Samantha and Selmor. However, these introductions were not completed before Mtukudzi’s death.
Efforts to amend Aaron’s birth certificate began in February 2022, involving various affidavits from family members and a visit to the Registrar of Births and De@ths. Despite these efforts, the Registrar requested a court order, leading Aaron to file his application with the High Court.
The Registrar opposed the application, emphasizing the need for a paternity test and affidavits from Josiah Chaka’s relatives, confirming that he was not Aaron’s biological father. Aaron argued that there were no surviving relatives of Josiah and that Daisy Mtukudzi was withholding Mtukudzi’s death certificate.
Justice Maxwell noted several issues with Aaron’s application, including inconsistencies in his mother’s name on the birth certificate and the affidavits. The judge ruled that as a child born out of wedlock, Aaron could not independently request the re-registration of his birth certificate. Furthermore, the law requires such applications to be made by a parent or relative.
“The affidavits do not verify that Rose Makumbe and Rose Kasaki are the same person. Therefore, the affidavits confirming a relationship between the late Oliver Mtukudzi and Rose Makumbe are irrelevant when the child’s mother is listed as Rose Kasaki,” the judge stated.
The judge concluded that Aaron’s case was improperly brought before the court and that he must provide more concrete evidence, including a paternity test, to prove his claims. Once this scientific confirmation is obtained, Aaron can then approach the Registrar-General to correct any errors on his birth certificate.
As a result, Aaron’s application was struck off the roll, leaving him to seek further proof to establish his rightful place in the Mtukudzi family.
