Marry Mubaiwa’s Bid to Halt Prosecution Denied Despite Poor Health

Staff Reporter

Harare Magistrate Feresi Chakanyuka has dismissed a request by Marry Mubaiwa, the ex-wife of Zimbabwe’s Vice President Constantino Chiwenga, to stay her prosecution due to her poor health. Mubaiwa, who is battling lymphodema, a cancerous condition that has already led to the loss of two limbs, had asked the court to halt her trial, citing her inability to participate fully in the proceedings.

Through her lawyer, Beatrice Mtetwa, Mubaiwa argued that her health issues have made it impossible for her to give instructions, and that it would be in the interest of justice to grant her a break. Mtetwa stated that Mubaiwa’s condition has deteriorated significantly, making it challenging for her to follow the trial proceedings or provide instructions to her legal team.

However, Magistrate Chakanyuka dismissed the application, ruling that Mubaiwa is to blame for the delays in her trial. The magistrate’s decision was met with disappointment by Mtetwa, who expressed concern that the court had failed to appreciate the severity of Mubaiwa’s condition.

Mtetwa protested the decision, stating that it is illogical to blame Mubaiwa for the delays when it is acknowledged that she was hospitalized and unable to participate in the trial. “The magistrate’s ruling is puzzling, as it acknowledges that Mubaiwa was indeed hospitalized and unable to attend court, yet still blames her for the delays,” Mtetwa said.

Mubaiwa has been ill for over four years and has already lost her right hand and left leg to the cancerous ailment. Her trial has been ongoing for several years, with multiple delays due to her poor health.

Mubaiwa is facing charges of attempting to kill her ex-husband, Vice President Constantino Chiwenga, when he was hospitalized in South Africa. She is also facing money laundering charges. Mtetwa had argued that it would be in the interest of justice to grant Mubaiwa a break, given her fragile health and the challenges she faces in participating in the trial.

The court’s decision has raised concerns about the fairness and compassion of the justice system, particularly in cases involving defendants with serious health issues. As Mubaiwa’s trial continues, her lawyers will likely renew their efforts to secure a stay of prosecution or other accommodations to ensure that she receives a fair trial despite her poor health.