Mubaiwa's bid to stop Chiwenga attempted murder trial

The High Court of Zimbabwe has dismissed an application by former model and businesswoman Marry Mubaiwa seeking a permanent stay of criminal proceedings in her attempted murder case involving her ex-husband, Vice-President Constantino Chiwenga.

The ruling was delivered by Justice Jacob Manzunzu, who found no merit in Mubaiwa's application and dismissed the preliminary arguments raised against the continuation of the trial.

Mubaiwa had cited Harare regional magistrate Feresi Chakanyuka and the National Prosecuting Authority of Zimbabwe (NPA) as respondents in her application.

She had argued that there had been an inordinate delay in the finalisation of her trial and that the lower court had failed to properly conduct an investigation as required under Section 167A of the Criminal Procedure and Evidence Act.

However, Justice Manzunzu ruled that the purpose of such an inquiry is to establish whether any delay is unreasonable, and that courts are permitted to rely on either formal or informal procedures depending on the circumstances.

"The purpose of investigation is to get the truth of the matter. In casu, the purpose of investigation is to examine and see if there has been an unreasonable delay," he said.

He added that courts may call for viva voce evidence where necessary, but are not obliged to do so in every instance if the record already contains sufficient information.

"If all facts are apparent from the record, there is no need to do a formal inquiry calling viva voce evidence as opposed to an informal inquiry," he ruled.

The judge further held that the magistrate had properly considered the issue of delay and that the matter could not be attributed solely to the State.

He noted that the trial had failed to proceed largely because Mubaiwa required medical treatment at various stages of the proceedings.

"The court should also interfere in limited circumstances. The applicant has not shown that the proceedings were in any way grossly irregular," Justice Manzunzu said.

Mubaiwa, who was arrested on December 14, 2019, had argued that the prolonged delay in bringing her case to trial justified a permanent stay of prosecution.

Her application, filed in November 2024 under Section 167A of the Criminal Procedure and Evidence Act [Chapter 9:07], was opposed by the NPA.

Magistrate Chakanyuka had earlier dismissed her application, finding that delays were not attributable to the State, prompting Mubaiwa to seek review at the High Court.

Justice Manzunzu ultimately upheld the magistrate's ruling, concluding that no gross irregularity had been committed and that the criminal proceedings should continue.