16 November 2021
Prosperity Sikhosana
Whether she is faking it or seeking sympathy from gallery Marry Mubaiwa-Chiwenga, the estranged wife of Vice President Constantino Chiwenga is still going through the worst times of her life.
Despite the Zimbabwean laws that give custodian rights to mothers for children under the age of 18, Marry has endured living without seeing or having access to her children and being critically ill with lymphoedema, both her arms almost eroded to the bone, her right forearm oozing puss with depression being amongst the diagnosed ailments affecting her, she is bound to be mentally imbalanced.
After her lawyers sought and got certified results from doctors declaring her unfit for trial the state contested the results, she was diagnosed again by two doctors who claimed she could stand trail.
This resulted in her trails being fast tracked into the courts beginning last week.
Critical as she appears, Marry Chiwenga walks into the court room being held and helped to walk by an unidentified man and woman.
This time around, the hype of the case is that the estranged husband and Vice President Constantino Chiwenga is set to testify against his former model wife.
In this particular case in which Chiwenga is to give evidence, Marry is accused of working with a judge in order to have a marriage unionised, without the consent and knowledge of her husband Chiwenga.
Last week, the beginning of trial, witnesses who testified against her included former judge president Justice George Chiweshe, Justice Munamato Mutevedzi and the vice president’s aide Nyarai Bwanya.
Yesterday’s witnesses taking to the podium were Magistrate Linda Dzvene who was then secretary to Mutevedzi.
In her time for questioning, Dzvene said she had filed marriage documents for Mubaiwa, which she (Dzvene) had been getting from her then boss Mutevedzi.
Mubaiwa quickly disputed and said she had never consulted anyone on such matters.
Colonel Gesham Muradzi told the court that Marry called him and gave him US$15 000 for an order of wedding rings.
He narrated that this took place in 2019 when the Vice president was in India due to ill health.
It was at that time, Muradzi claims, that Marry called and asked him how much he had in his possession. This, Muradzi states he had US$23 000 which was for the upkeep of Chiwenga’s farm and children.
Mubaiwa allegedly told him to take US$15 000 and give it to a jeweller named Mike from Alpha Jewellery. The jeweller also agrees he was given such an order around the same date.
In the ongoing trial, the Vice President’s testimony is expected to speed up the process of the trial.
However, things took a turn when the National Prosecuting Authority launched an application to keep Vice President Constantino Chiwenga’s testimony closed to the public.
This means, if the application is granted, Chiwenga’s testimony will be helin camera.
The public and journalists who have been keenly following the process will be excluded from the court galleries.
The reason stated for this application is “because of the office he holds.”
This has caused controversy as some believe this is just proof of how selective the law works in Zimbabwe.
Beatrice Mtetwa, Marry’s lead counsel has opposed the NPA application stating that,
“There is no need to give Chiwenga preferential treatment when it is clear that rule of law forms part of the law. For this, an application which seeks to elevate the vice president above all other persons ought to fail.
“Publicity is the soul of the rule of law.”
Mtetwa has asked magistrate Lazini Ncube to dismiss the application and order Chiwenga to testify in open court.
Upon leaving the court, videos and images of Marry Mubaiwa-Chiwenga circulate on social media. Outside the court room, she falls and hits her head on concrete steps.
Magistrate Lazini Ncube is expected to make a ruling today on the NPA application.
Commentators such as Justin Tapera posted on Twitter noting:
“The office might be important but the occupant is a scandal. He now speaks of privacy on a matter which has been in public for over a year…so it is good for Vice President to abuse his office and bad to cover a public case.”
Others questioned the type of ruling that would come out of such a case.
The public awaits eagerly for the final decision the Magistrate will take. Whether the judgement will be agreeable to an application of a private testimony by the Vice President or not.
Zim GBC News