Marry Mubaiwa: Zimbabwe Attempted Murder Remand Ends After 7 Years

• Marry Mubaiwa was removed from remand after seven years facing an attempted murder charge involving her ex-husband, Vice President Constantino Chiwenga.
• Harare magistrate Musaiona Shotgame rejected the State's request for a postponement, citing prolonged delays and constitutional rights violations.
• Mubaiwa's lawyer, Beatrice Mtetwa, highlighted that the case had stalled for 22 months due to Chiwenga's non-attendance in court.
• The attempted murder allegations stemmed from an incident during Chiwenga's hospitalization in South Africa, where Mubaiwa allegedly removed an intravenous tube.
• The magistrate's ruling emphasized equality before the law and questioned the lack of an arrest warrant for Chiwenga despite his repeated absences.

The magistrate's recent decision to remove Mubaiwa from remand underscores a judicial stance against prolonged prosecutorial delays, particularly when constitutional rights are at stake.

Marry Mubaiwa, the former spouse of Vice President Constantino Chiwenga, has been removed from remand after enduring a seven-year legal battle over an attempted murder charge. The decision was handed down by Harare magistrate Musaiona Shotgame, who rejected the State's request for a further postponement of the proceedings. Mubaiwa expressed profound relief and joy outside the courtroom, celebrating what she described as a victory following years of health challenges and persistent delays in her case.

The trial had progressed to a point where Chiwenga's testimony was imminent, but its trajectory became uncertain after the presiding magistrate received an elevation to the High Court. The prosecution's attempt to delay the matter further was met with a firm refusal from Magistrate Shotgame, marking a pivotal moment in a case that has remained unresolved for an extended period. Mubaiwa specifically lauded her legal representative, Beatrice Mtetwa, for her dedicated efforts, stating that justice had finally been served after what she considered an unfair process.

Beatrice Mtetwa, Mubaiwa's lawyer, characterized the ruling as a triumph, albeit one that arrived significantly belatedly, describing it as a "hollow" victory. Mtetwa asserted that the protracted nature of the proceedings had infringed upon her client's constitutional rights, emphasizing that such a judgment should have been rendered much earlier, particularly given Mubaiwa's severe health issues. For a period of 22 months, the case saw no progress because the complainant, Vice President Chiwenga, consistently failed to appear in court.

Mtetwa commended Magistrate Shotgame for appropriately questioning why no warrant for Chiwenga's arrest had been issued despite his repeated non-attendance. She also welcomed the magistrate's observations concerning the principle of equality before the law, agreeing that Mubaiwa's seven-year period on remand was indefensible. While acknowledging the possibility that the State might attempt to revive the case in the future, Mtetwa indicated that the defense was prepared to address any such move should it arise.

The attempted murder allegations against Mubaiwa emerged from events following the dissolution of her marriage to Chiwenga in 2019, leading to a series of criminal proceedings. The specific charge relates to an incident that allegedly occurred while Chiwenga was hospitalized in South Africa, receiving treatment for a serious medical condition. The State's case relied heavily on the testimony of Chiwenga's personal physician and former Deputy Health Minister, John Mangwiro.

Mangwiro testified that Mubaiwa allegedly removed an intravenous tube from the Vice President's chest during his hospitalization. He recounted hearing Chiwenga cry out in pain after the purported incident, prompting medical staff to rush into the room. Mangwiro stated that the intervention by staff prevented significant damage, though he also claimed that Mubaiwa, whom he described as a "very powerful woman at that time," would dictate actions. He further alleged that Mubaiwa sometimes insisted on privacy with Chiwenga during his hospital stay and that he subsequently reported his concerns via telephone to the Office of the President and Cabinet.

During the proceedings, Mubaiwa's legal team, led by Beatrice Mtetwa, vigorously contested Mangwiro's account. The defense questioned why the alleged incident was not documented in recorded hospital statements and why other witnesses had not corroborated the attempted murder allegations in their own testimonies. Furthermore, the defense raised concerns about the absence of forensic results pertaining to blood purportedly found on Chiwenga's T-shirt and challenged Mangwiro regarding the management of medical personnel involved in the Vice President's treatment.

Mtetwa accused Mangwiro of fabricating evidence, suggesting that the allegations were an afterthought that only surfaced following the breakdown of the couple's marriage. Mangwiro, however, disputed the challenges presented by the defense during his testimony, maintaining his version of events. The magistrate's recent decision to remove Mubaiwa from remand underscores a judicial stance against prolonged prosecutorial delays, particularly when constitutional rights are at stake.

This ruling sets a significant precedent in Zimbabwean criminal law, emphasizing judicial intolerance for prosecutorial delays and the constitutional right to a speedy trial, even when the complainant is a high-ranking official. Lawyers should leverage this decision when challenging prolonged remand periods or state attempts to indefinitely postpone proceedings, particularly where the accused's rights have been violated by inaction.

Source: Original reporting via ZimLive