By NQOBANI NDLOVU
THE widow of the late national hero Jevan Ben Maseko has approached the High Court seeking an order declaring as null and void a will left by her husband.
Maseko, a former deputy minister and Matabeleland North governor as well as Zanu PF consultative assembly member, died in May 2013 from renal failure, amyloidosis cancer and diabetes.
His widow Alice said she was on the verge of losing her matrimonial house because she was left out of Maseko’s will.
In summons filed at the Bulawayo High Court on November 5, Alice said she wants the will dated October 15, 2009 set aside.
Nomsa Ncube, in her capacity as the executor of the state and deputy master of the High Court are cited as the first and second respondents respectively in court papers filed by Mutatu, Masamvu and Da Silva – Gustavo Law Chambers on her behalf.
“The second defendant accepted the said will on the 21st of August 2013.
“The first defendant’s last will contained clauses, which disinherited plaintiff of the matrimonial home… which plaintiff at law was entitled to inherit by giving the property to his biological children.
“It is for the above that plaintiffs seeks an order to declare the last will and testament by the late Jevan Ben Maseko null and void… because the same is contrary to natural public policy principle,” reads in part the court papers at hand.”
Alice argued that the will contradicts section 5 of the Wills Act (6:06) “in that it disinherits the plaintiff, who is the surviving spouse of the matrimonial home being Lot 11, subdivision 5 of Subdivision D of Claremount situate in the district of Umzingwane held under Deed of Transfer Number 1276/81.”
The defendants were given 10 days to lodge their defence.
Maseko, who was born on January 1, 1943 retired from the Zimbabwe National Army on October 31, 1987.
Upon his retirement, Maseko was appointed deputy minister in the then Ministry of Political Affairs from 1988 to 1990.
He was a member of Zanu PF’s central committee from 1989 to 1994.
From 1990 to 1992, he was the Matabeleland North governor.
Maseko was Zimbabwe’s ambassador to Algeria from 1993 to 1994 and ambassador to Russia from 1995 to 1999.
In August 1999, Maseko was appointed Ambassador to Cuba and served in that post until December 2006 when he returned home.
From Cuba, he was appointed ambassador to Angola but could not take up the assignment due to ill health.
He retired from the public service in 2008.