High Court judge Justice Pisirayi Kwenda is set to receive an update this Friday on the ongoing investigations in the case involving Mary Mubaiwa, the ex-wife of former Vice President Constantino Chiwenga. Mary Mubaiwa, who has been battling serious health issues, is seeking a permanent stay of her trial, citing her inability to stand trial due to her poor health. The request for a permanent stay was first filed last year, and the court was expected to hear developments on Wednesday. However, the hearing was postponed after the prosecution failed to upload the necessary documentation that had been agreed upon by all parties.
Mary Mubaiwa’s lawyer, Beatrice Mtetwa, explained that the judge had requested additional investigations before making a decision on whether the application for a permanent stay should proceed. These investigations are deemed crucial in helping the court assess whether Mubaiwa is fit to stand trial. The delay occurred when the prosecution department failed to upload or scan the agreed-upon documents, despite these being sent to them in mid-December. Mtetwa, addressing the media at the court, indicated that the judge would now be updated on the status of the investigation on Friday, January 19, 2025.
Mary Mubaiwa, who has been battling serious health complications for over five years, has complained that she is unable to stand trial or effectively communicate with her legal team due to her condition. She suffers from a debilitating illness known as lymphoedema, a condition that causes extreme swelling and has led to the amputation of both of her limbs. As a result of her illness, Mubaiwa is unable to walk and must be brought to court in a wheelchair. She is assisted by three aides who help her with mobility.
Mtetwa, Mary Mubaiwa’s legal representative, explained that her client has spent considerable time in and out of hospitals and is often sedated due to her medical condition. The lawyer argued that it would be in the best interest of justice to grant a stay of trial, as Mary Mubaiwa is unable to actively participate in her defense due to her health. Mtetwa emphasized that a fair trial requires the defendant to be mentally and physically capable of following proceedings and giving instructions to their legal team.
She pointed out that Mary Mubaiwa had been heavily medicated when she received the State’s documents related to her money laundering charges in November 2023. This, according to Mtetwa, has prevented her from providing adequate instructions to her legal team or properly reviewing the evidence presented by the State.
In her previous application, Mtetwa outlined that Mary Mubaiwa’s health has been significantly compromised by her condition, which had already caused her to lose a limb. Despite this, the lawyer argued that Mary Mubaiwa had not been able to fully exercise her right to a fair trial, including her right to understand the case against her and to engage meaningfully with her legal counsel. Mtetwa’s assertions were met with opposition from Harare magistrate Feresi Chakanyuka, who dismissed the request for a permanent stay of proceedings. This decision has been a source of ongoing legal contention, with Mary Mubaiwa’s defense team continuing to push for an alternative resolution due to her physical incapacity.
Mary Mubaiwa faces several serious charges, including an alleged attempt to kill her former husband, Constantino Chiwenga, when he was critically ill and hospitalized in South Africa. In addition to this, she is facing charges of money laundering. However, her trial has been delayed multiple times, largely due to the impact of her health on her ability to participate in legal proceedings.
As the case progresses, the outcome of Friday’s hearing will likely have significant implications for Mary Mubaiwa’s ability to mount a defense in her ongoing legal battles. The court’s decision on whether her trial should proceed, or whether a permanent stay should be granted due to her health, will be eagerly awaited by both her legal team and those following the case.
In other news – Zambia cancels election tender awarded to Wicknell Chivayo-linked firm
The Electoral Commission of Zambia (ECZ) has made a significant move by canceling a controversial US$14 million tender awarded to Ren-Form CC, a South African company linked to the controversial businessman Wicknell Chivayo. This tender was for the printing and delivery of ballot papers and other election materials for the 2026 general elections.
In a decision that has garnered local and international attention, the ECZ has instead awarded the contract to Al Ghurair Printing and Publishing, a well-established company from the United Arab Emirates. Read More
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