By Mary Taruvinga I Senior Reporter
HIGH Court judge Justice Owen Tagu has dismissed an application by Vice President Constantino Chiwenga’s ex-wife Marry Mubaiwa seeking permission to travel to South Africa for possible amputation of her arm due to gangrene.
The judge removed the request from the roll after ruling that the application was improperly before him.
“The judge or magistrate who granted the applicant (Mubaiwa) bail and bail conditions are better placed to entertain this application,” said Tagu.
“In my view, as stated by the respondent (State), this application is improperly before the court. It is not necessary to labour this court with this urgent application when the right court is in existence and operative.”
Mubaiwa is facing three criminal charges including assault, money laundering and attempted murder.
She has had all her efforts to seek medication outside the country blocked for various reasons.
The State has since closed its case in the assault case. A ruling on the application for discharge was due in August but could not be heard after Mubaiwa became critically ill.
Last month, a local doctor recommended that Mubaiwa’s arm should be amputated but she is trying to seek a second opinion outside the country.
It was against this background that she approached the High Court.
In her urgent chamber application Mubaiwa requested to be allowed to travel to South Africa for at least six weeks.
Prosecutors opposed the request, arguing that the application was improperly before the court.
The judge upheld the State’s submissions.
“I do not agree with the applicant that there is no law that creates a Court or High Court Division known as the Bail Court,” ruled Tagu.
“It would be absurd for an applicant seeking a divorce order to make an application in the Criminal Division. Equally it would be absurd for an applicant seeking bail to do so in the Family Division of the High Court.”
“… having found that the application is improperly before this court. I will not labour to deal with the issue any longer.The application is improperly before this court and is removed from the roll.”