In a recent ruling, Harare Magistrate Feresi Chakanyuka addressed the request from Marry Mubaiwa, the ex-wife of Vice President Constantino Chiwenga, to stay her prosecution due to health issues. Mubaiwa, who suffers from lymphoedema and has been fighting a cancerous illness for over four years, argued that her deteriorating health has hindered her ability to instruct her lawyer efeffectively.
During the proceedings, the magistrate determined that the delays in the trial were attributed to Mubaiwa’s health condition. This prompted her lawyer, Beatrice Mtetwa, to express concerns about the fairness of the ruling. Mtetwa argued that it was counterintuitive to blame Mubaiwa for delays when her illness and hospitalizations were acknowledged in the court’s decision.
Mubaiwa is currently facing serious charges, including the attempted murder of Chiwenga while he was hospitalized in South Africa in 2019, as well as money laundering charges. Given her health struggles, her legal team has requested that her prosecution be paused to ensure she can fully participate in her defense.
Mtetwa emphasized that a fair hearing requires the defendant to be physically and mentally capable of engaging in the proceedings. She pointed out that Mubaiwa’s health has significantly impacted her ability to respond to charges and provide her legal team with necessary instructions.
In light of these circumstances, Mtetwa advocated for the court’s discretion to halt proceedings in exceptional cases to ensure justice is served. The legal team hopes for a resolution that allows Mubaiwa to adequately defend herself against the charges she faces.
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