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Case Law[2025] ZWHHC 511Zimbabwe

TARUVINGA v KUSHAMBA AND OTHERS (19 of 2026) [2025] ZWHHC 511 (8 January 2025)

High Court of Zimbabwe (Harare)
8 January 2025
Home J, Journals J, Tsanga J

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1 HH 19-26 HCHF 4497/25 HAZEL CHIPO TARUVINGA versus GODWIN KUSHAMBA and PRISCILLAR KUSHAMBA and MASTER OF THE HIGH COURT HIGH COURT OF ZIMBABWE **TSANGA J **HARARE;8 January 2025 _**Chamber application (Reasons)**_ TSANGA J On 19 November 2025 I dismissed a chamber application for the appointment of a curator for a minor child born on 1 December 2007. Both parents are alive. The application was made by an aunt in the United Kingdom who intended to apply for guardianship on the auspices that before she moved to the United Kingdom she had assisted the parents to look after their child. In essence, the application was made by a third party where both parents are alive. The legal position on the limited circumstances under which parents can surrender guardianship to a third party is generally through adoption as laid out in _Kutsanzira_ v _The Master_ 2012 (2) 91 (H). This process is done in the Magistrate’s court by way of a proper enquiry. The application for the appointment of a curator was not a proper one under the circumstances. Further, the child in question was also 11 days shy of being a major at the time the order was dismissed. These were the reasons for dismissing the chamber application. **Tsanga J…………………………………………………………………** _MT Chiwaridzo Attorneys – At- Law: Applicant’s Legal Practitioners_

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