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OpenMarry Mubaiwa Seeks Permanent Stay Of Prosecution In Attempted Murder Case
Marry Mubaiwa, the ex-wife of Vice-President Constantino Chiwenga, has filed for a permanent stay of prosecution in the case where she faces attempted murder charges. The application was submitted on Monday before Harare regional magistrate Feresi Chakanyuka.
Mubaiwa is accused of attempting to kill Chiwenga by allegedly unplugging his life support system at a South African hospital.
In previous hearings, Dr John Mangwiro, a former deputy health minister, testified that Chiwenga’s condition worsened whenever Mubaiwa entered his room, claiming she had such control that she could manage who had access to him and even refused medical treatment for him at one point.
Mubaiwa, who has been battling lymphoedema for over four years, has already lost her right hand and left leg due to the illness.
Her health has continued to deteriorate, and she has been hospitalised frequently. She has had to be brought to court on a stretcher and in an ambulance in the past, and on Monday, she was wheeled into the courtroom.
Her lawyer, Beatrice Mtetwa, argued that the excessive delay in the criminal proceedings and Mubaiwa’s deteriorating health made it unjust to continue the prosecution.
Mtetwa further criticised the justice system, calling it “callous, inhumane, and lacking empathy,” especially given the visible signs of Mubaiwa’s severe illness.
Mtetwa added that it would be impossible for Mubaiwa to effectively instruct her legal team, suggesting that staying the prosecution would be in the interests of justice. A similar request had also been made at the High Court. Said Mtetwa (via NewZimbabwe.com):
Applicant cannot fully enjoy the right to a fair hearing which I am advised includes the right to be physically and mentally capable to follow the full proceedings, the capacity to give instructions to one’s legal representative throughout the proceedings and if put on her defence, the right to cogently testify on the issues raised in evidence and to generally give her version of events.
I am able to say that the applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above.
In particular, I point out that with regard to the money laundering case, the State papers were provided to the defence when the applicant was already on heavy medication, had already lost a limb and was trying to avert the loss of her leg.
Consequently, she has been unable to give instructions on the documents supplied by the State in November 2023 with the result that her legal team only has general instructions from the period of her arrest when no document had been provided save for the general allegations given on remand.
Lancelot Mutsokoti, representing the State, stated that they would abide by the High Court’s ruling regarding a similar application made by Mubaiwa.
Magistrate Feresi Chakanyuka is scheduled to deliver her ruling on the request on November 22.
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