HARARE – Marry Mubaiwa told a court on Friday that she cannot stand trial in Zimbabwe for the attempted murder of her ex-husband, the Vice President Constantino Chiwenga, which allegedly occurred in a South African hospital.
The former model excepted to the charges as her trial finally got underway over the alleged incident which allegedly occurred at a South African hospital in 2019 where Chiwenga was battling for his life following an undisclosed ailment.
Mubaiwa, through her lawyer Batrice Mtetwa, told Harare magistrate Florence Chakanyuka that the court had no jurisdiction to try her for a crime allegedly committed in Pretoria.
“Any person charged with any offence committed within any province or regional division may be tried by the court of that province or that regional division. The offense with which the accused is charged allegedly took place in Pretoria, South Africa, an area well outside the territorial jurisdiction of this court,” Mtetwa said.
“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.
“The accused contends that from the State’s allegations, the alleged offence was wholly committed outside the borders of Zimbabwe and there is no allegation or other legal contention that the alleged offence had impact or intended impact on Zimbabwe which would clothe the court with the necessary jurisdiction. There is therefore nothing before the court which clothes it with jurisdiction and the court is obliged to decline jurisdiction.”
The magistrate said she would rule on the application on August 5.
The National Prosecuting Authority says that on June 22, 2019, Chiwenga was airlifted to South Africa for emergency medical attention.
He was in the company of Mubaiwa, his security team of Provincial Intelligent Officer John Allen Lifa, Major Blessing Muringi, a Major Nyoni and Sergeant Andrew Mugari and medical health staff including Warren Sibanda and deputy health minister Jonathan 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 resulting in his health deteriorating.
On the second day, the security team allegedly forced their way into the couple’s hotel room and took him 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, Chiwenga 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 this 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 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 former husband.
She allegedly ordered Chiwenga’s security aides Mugari and Major Nyoni to excuse her and leave 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.
Mubaiwa, it is alleged, 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.
The security agents called hospital staff who took Chiwenga 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 to Zimbabwe 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.
Mubaiwa has already been convicted for allegedly trying to upgrade her marriage to Chiwenga from a customary union to a civil marriage. She was given a suspended sentence.
She also faces a string of other charges including money laundering and the alleged assault of their former maid.
She accuses Chiwenga of fabricating the charges in order to gain custody of their three children.
Chiwenga, 65, is now married to 46-year-old Miniyothabo Baloyi.
