Chiwenga ex-wife's bid to shift attempted murder trial to SA fails

Court has rejected a bid by Marry Mubaiwa to have her trial shifted to South Africa where the attempted murder on her ex-husband and Zimbabwe Vice President Constantino Chiwenga allegedly took place.

The embattled ex-model had challenged Zimbabwean court's jurisdiction to try her over an offence that allegedly took place in a South Africa hospital.

Harare Feresi Chakanyuka ruled that there was no need to transfer trial to the neighbouring country as both parties in the matter are based in Zimbabwe.

"The parties involved are both Zimbabweans, hence the country has the right to deal with the matter as there will be no breach of international law.

"There is no danger of offending the South African authorities since there was no danger to them involving this crime," said Chakanyuka.

The magistrate also said there was no evidence South African authorities had taken interest and were investigating the matter.

She then set trial to September 29 this year.

Mubaiwa had excepted to the charges as her trial finally got underway recently over the incident which allegedly occurred 2019 at a South African hospital where Chiwenga was battling for his life following an undisclosed ailment.

"No element of the offence is alleged to have taken place within the court's jurisdiction; neither does the section under which the accused has been charged have extra-territorial operation which would clothe the court with jurisdiction," she had argued.

The National Prosecuting Authority says on June 22, 2019, Chiwenga was airlifted to South Africa for emergency medical attention.

He was in the company of Mubaiwa, his security team comprising Provincial Intelligence Officer John Allen Lifa, Major Blessing Muringi, a Major Nyoni, Sergeant Andrew Mugari and medical health staff who included Warren Sibanda and Deputy Health Minister John Mangwiro.

It is alleged that upon arrival, Mubaiwa forced Chiwenga to stay at Sheraton Hotel in Pretoria for more than 24 hours without taking him for medical treatment. This, the state says, resulted in his health deteriorating.

On the second day, the security team allegedly forced its way into the couple's hotel room and took the VP to Netcare Hospital in Pretoria where he was admitted in the Intensive Care Unit under the charge of a Dr Sieling.

As part of the medical prescription, Chiwenga had an "intravenous giving set and Central Venous Catheter inserted in his body to sustain his life."

Days later, the former military commander was transferred to a private ward within the same hospital, where he was under 24-hour monitoring by the hospital medical team and his security personnel.

It is alleged that during the time, while admitted at the hospital, Chiwenga was "helpless and would rely on hospital medical staff and the security personnel whenever he was moving from one point to the other."

Mubaiwa would allegedly interfere with the smooth administering of medication in accordance with the hospital schedules.

It is also alleged that on July 8, 2019, at about 8PM, she went to the hospital with the intention to cause death or serious harm to her husband.

She allegedly ordered Chiwenga's security aides Mugari and Major Nyoni to excuse her by leaving the private ward, indicating that she wanted privacy with her husband. They complied.

Mubaiwa allegedly went on to violently pull the life support instruments, causing Chiwenga to bleed profusely and his condition to deteriorate.

She is further alleged to have forced Chiwenga off the bed, held him by hand and was about to walk out of the ward with him when she was intercepted by the security officers at the door.

Chiwenga's security aides then called hospital staff who took the VP back to his bed and quickly performed emergency procedures to stabilise him.

Mubaiwa allegedly disappeared from the hospital premises.

Chiwenga was later flown to China for further treatment without Mubaiwa, and returned back home months later after he had fully recovered.

On November 27, 2019, Chiwenga filed a criminal complaint against Mubaiwa, who was arrested two weeks later on December 14.

A request for a mutual legal assistance document for extraterritorial investigations in South Africa was done in which statements from witnesses who are South African nationals are to be recorded, said prosecutor George Manokore.