THE estate wrangle between the late diplomat Charity Nzenza’s family and her former State spy agent husband, Retired Brigadier-General Elisha Muzonzini, has taken another twist with the former accusing the ex-Central Intelligence boss of winding up the deceased’s estate without the family’s consent.
BY Staff Reporter
According to an application of condonation of late filing review filed at the High Court (case no 5639/16) by the deceased’s brother Sydney and sisters Sekai and Jessie, Muzonzini allegedly connived with Vongai Nzenza in winding up the estate despite the legal battle over its status.
Nzenza’s family wants the matter to be reviewed, saying the estate was wound up fraudulently.
“This is an application for the condonation for late filing of an application for review of the third respondent (Master of the High Court)’s decision to approve the final distribution account in case DR 1071/11 and the confirmation of the appointment of the first respondent (Muzonzini) as the executor in the estate of the late Charity Nzenza, who died at Harare on May 19, 2011,” the papers read.
“The late Charity Nzenza was my sister. She was a senior diplomat with 29 years of service in government. She left a vast and very well endowed estate which included high value movable and immovable properties and viable business interests.”
In the papers, the family argued that Muzonzini was not a legitimate husband to the late diplomat and that he had no right to wind up her estate.
“Since her death, there has been an ongoing dispute between the applicants and first and second respondents in respect to the manner the estate was administered by both of them acting in cahoots. Respondent was romantically involved with the late Charity Nzenza with whom he cohabited. He purports to have been her customary law husband for the purposes of inheritance yet he did not marry her in terms of customary law,” Sydney said.
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“I submit and confirm that the second respondent never paid lobola for the late Charity Nzenza and I put him to the strictest proof thereof. I never received lobola for Charity Nzenza because if he had paid it, he could only have paid it through me because I was Charity’s only surviving biological male sibling and the customary head of the Nzenza family.”
According to the court papers, the Master of High Court is being blamed for rushing to wind up the estate despite anomalies raised by the applicants.
“The second applicant implored the third respondent to use his official powers to address the many anomalies brought to his attention before the estate was wound up, but it was in vain. The several letters written by the second applicant and issues raised therein were not heeded or responded to by the third respondent,” the papers read.
“The third respondent only finally responded in November 2016 through our lawyers informing us, much to our surprise, that the estate had been wound up. He directed that our only recourse was to approach the courts for relief, hence the present application.
“It was only after the third respondent’s letter in November 2016 that we inspected the record and realised that indeed the estate had been wound up in April 2013 yet the third respondent had continued to give us the impression that the administration was still in progress after April 2013.
“The evidence points to the fact that the administration of the estate is incomplete and that the winding-up was rushed through and was premature. The third respondent approved the winding-up despite having been furnished with information which he should not have ignored in the best interests of the estate.”
The wrangle between Muzonzini and the Nzenza family began last year and resulted in the former intelligence supremo filing a $50 000 defamation suit against his in-laws.
This was after the Nzenza family had written to police bosses accusing Muzonzini of abusing powers over the wealth of the late diplomat.
