The Harare Magistrate Court is grappling with a complex legal and humanitarian dilemma: the deteriorating health of Marry Mubaiwa-Chiwenga, ex-wife of Vice President Constantino Chiwenga, is threatening to derail her ongoing trial.
Mubaiwa, once a prominent model, faces charges of attempted murder, fraud, and money laundering, stemming from allegations made by Chiwenga in 2019. These allegations, which include claims that Mubaiwa attempted to disconnect his intravenous drip while he was hospitalised in South Africa, have been overshadowed by the dramatic decline in Mubaiwa’s health.
Since 2019, Mubaiwa has been in and out of court, her appearances often marked by her visibly frail condition. Amputation of her right arm and left leg, a consequence of her rapidly worsening health, has severely hampered her ability to participate in her own defence. Despite her precarious health, the state has shown no inclination to halt the proceedings, even when Mubaiwa has had to be wheeled into court on a stretcher.
On Tuesday, Mubaiwa, confined to a wheelchair, appeared before Magistrate Feresi Chakanyuka. Through her lawyer, the highly respected Beatrice Mtetwa, she applied for a stay of prosecution, arguing that continuing the trial would be a blatant miscarriage of justice. Mtetwa’s written arguments powerfully underscored the impossibility of a fair trial under Mubaiwa’s current circumstances.
“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,” Mtetwa stated in court documents.
She elaborated on the significant challenges Mubaiwa faces, stating: “In particular, I point out that with regards 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.”
Mtetwa highlighted that Mubaiwa’s medication and weakened state prevent her from providing adequate instructions to her legal team and from following court proceedings effectively. She argued that the right to a fair trial necessitates both physical and mental capacity to fully participate in the legal process, including the ability to testify coherently. This, she asserted, Mubaiwa is currently unable to do.
Mubaiwa herself contends that her deteriorating health, including the loss of a limb and ongoing rehabilitation, directly impacts her ability to respond effectively to the charges against her. She points to the timing of the state’s provision of documents relating to the money laundering case in November 2023, a time when she was already heavily medicated and battling severe health problems.
Furthermore, Mtetwa emphasised that Mubaiwa has consistently sought a speedy trial, especially after assurances from the state that investigations would conclude by January 2020.
Representing the state, Lancelot Mutsokoti indicated his intention to respond to the application on November 15th. He noted a similar application pending before the High Court, with a ruling anticipated on November 25th, suggesting that this ruling could influence their position. He proposed an adjournment until December 2nd.
Magistrate Chakanyuka adjourned the matter to November 22nd for a ruling, leaving Mubaiwa’s fate, and the question of whether justice can be served under such extraordinary circumstances, hanging in the balance. The case has raised serious questions about the balance between the pursuit of justice and the humane consideration of an accused person’s health.
