Marry Mubaiwa, the estranged spouse of Vice President Constantino Chiwenga, has questioned the legality of the case in which she is accused of attempting to murder someone in Pretoria, South Africa.
Mubaiwa asserts via her attorney Beatrice Mtetwa that the case lacks jurisdiction and that she should be tried in the province or area where the alleged offense was committed.
In the case accusing the former model of attempting to kill him in a South African hospital in 2019, the State plans to call Chiwenga to testify in court as its main witness.
Mubaiwa is accused of money laundering and attempting to fraudulently upgrade her marriage without Chiwenga’s knowledge.
George Manokore and Lancelot Mutsokoti will represent the state.
She was remanded in custody for trial today (Tuesday). Mubaiwa was recently found not guilty of assault charges.
“The accused contends that from the State’s allegations, the alleged offense was wholly committed outside the borders of Zimbabwe and there is no allegation or other legal contention that the alleged offense had an impact or intended impact on Zimbabwe which would clothe the court with the necessary jurisdiction,” Mtetwa said.
Chiwenga was airlifted to South Africa for medical treatment in June 2019, accompanied by Mubaiwa, his security team of Provincial Intelligence Officer John Allen Lifa, Major Blessing Muringi, one Major Nyoni, and Sergeant Andrew Mugari, as well as medical health staff of Warren Sibanda and Health Deputy Minister John Mangwiro.
According to reports, Mubaiwa allegedly kept Chiwenga at the Sheraton Hotel in Pretoria for more than 24 hours without taking him for medical treatment, causing his health to deteriorate.
This allegedly resulted in his security forces forcing their way in and transporting the former Army General to Netcare Hospital, where he was placed in intensive care by a doctor named Sieling.
According to reports, Chiwenga had an intravenous giving set and a central venous catheter inserted into his body to keep him alive for several weeks in a private ward.
According to the State, on July 8, around 2000 hours, Mubaiwa allegedly attempted to harm Chiwenga after ordering his security officers, Mugari and Nyoni, to excuse her, indicating that she required privacy.
It is claimed that she removed Chiwenga’s life support machines, causing him to bleed profusely and worsening his condition.
She allegedly left the ward and was stopped by hospital security as she exited the door.
After that, hospital security alerted nursing staff, who returned Chiwenga to his hospital bed and reconnected the life-saving machines.
Chiwenga was later flown to China, where he recovered before returning to Zimbabwe and filing a report with the Zimbabwe Anti-Corruption Commission on November 27, 2019.
Mubaiwa was arrested on December 14, 2019, but she has denied the charges.
A request for a mutual legal assistance document for extra-territorial investigations in the Republic of South Africa has been made, in which statements from South African national witnesses will be recorded.