By Staff Reporter
CHIEF Justice Luke Malaba has postponed to March, hearing in an urgent chamber appeal filed by Vice President Constantino Chiwenga challenging a ruling by the High Court allowing his estranged wife, Marry Mubaiwa to have custody of the feuding couple’s three minor children.
Chiwenga approached the superior court soon after Mubaiwa was granted access to their matrimonial home including properties and children by Justice Christopher Dube-Banda.
Lawyers representing both parties agreed that the matter should be heard urgently before Malaba postponed the matter.
“The application for the urgent hearing of the appeal in case Number SC26/2020 be and is hereby granted,” said Chief Justice Malaba.
The case was also postponed on the basis that Mubaiwa’s lawyer, Advocate Taona Nyamakura intends to travel to Rwanda and will be back on March 14.
The case was heard in Malaba’s chambers.
Meanwhile, Malaba directed Chiwenga’s lawyers to file and serve heads of argument in case Number SC26/2020 by no later than 4pm on February 19.
He ordered Mubaiwa’s lawyers to file their response not later than March 4.
In addition, the Chief Justice also directed that the matter be heard any time after March 14, when Mubaiwa’s lawyer is expected back in the country.
Chiwenga’s appeal follows Justice Banda’s ruling granting Mubaiwa the relief she sought, after he allegedly barred her from returning to their Borrowdale mansion.
The Vice President also denied her access to their children arguing she was a danger to them.
On Thursday, another High Court judge, Pisirayi Kwenda altered his ruling regarding Mubaiwa’s return to her matrimonial home.
The judge had initially allowed her to go back after granting her bail but now says it will be improper considering that Chiwenga stays at the same address and the allegations that Mubaiwa attempted to kill her husband.
Mubaiwa, currently languishing in remand prison, will reside at her parents’ house until her cases are finalised.