High Court frees Mubaiwa from “arbitrary” mental check incarceration
The High Court has granted Vice President Constantino Chiwenga’s estranged wife Marry Mubaiwa’s application to set aside Magistrate Lazini Ncube’s decision to detain her in prison for a mental health assessment.
Journalist Hopewell Chin’ono confirmed the development saying:
“The High Court of Zimbabwe in Harare has set aside Magistrate Lazini Ncube’s decision to detain in prison Marry Mubaiwa-Chiwenga for medical examination calling the decision ‘capricious’ and ‘arbitrary’.”
Mubaiwa was represented by Beatrice Mtetwa and Doug Coltart.
Mubaiwa had been remanded in custody following a successful application by the state led by Prosecutor Michael Reza, who urged the court to send her to jail so that she can be medically monitored. The former model has already spent six of the ten days ordered in custody.
The decision to detain her caused outcry in Zimbabwe because she is visibly sick battling lymphedema, a condition that has left her lower limbs deformed and risking one hand being amputated if not attended to outside the country.
Mubaiwa is facing charges of attempting to assassinate Chiwenga, money laundering, fraud, assault and an attempt to forge a marriage certificate. The charges have blocked her from traveling outside the country to get proper treatment because her passport was grabbed by the Clerk of Court as part of her bail conditions. She is considered a flight risk.
Last week, Mubaiwa appealed to the United Nations Children’s Fund (UNICEF), United Nations Commissioner for Refugees (UNHCR) to intervene in her messy divorce with the Vice President and force him to allow her access to their children whom she has not seen for two years now.
“I am asking for your help to get access to my children and feel. I have asked the President many times to assist but nothing has materialised. This is no longer a private or family issue, but a public one as we must also ask UNICEF, UN, UNHCR to intervene as I am powerless. I really miss my children and I am broken,” she said.
Mubaiwa also said her appeal for help to Mnangagwa and his wife First Lady Auxillia Mnangagwa hit a brickwall because the President is afraid of his deputy, Chiwenga.
“There lies a man (Chiwenga) who once held the Constitution in his hands, declaring war against oppression and dictatorship. A man that is feared by all including his boss (Mnangagwa).
“Countless times he has said that he is above everyone and he is the one that determines the direction which the wind must blow,” she said. Nehanda Radio