By Mary Taruvinga
HIGH Court judge, Pisirayi Kwenda has made a U-turn on his ruling allowing Vice President, Constantino Chiwenga’s estranged wife, Marry Mubaiwa to return to her Borrowdale matrimonial home.
Kwenda said he had not been aware that the ex-army General resides at the same address.
Mubaiwa is accused of attempting to kill Chiwenga when he was bedridden in a hospital in South Africa last year.
She was freed on $50 000 bail on this count and four more criminal offences before she was ordered to reside at her Borrowdale mansion where she was barred from entering her home by Zimbabwe National Army (ZNA) soldiers upon arrival.
Following this, the state appealed against Kwenda’s judgement seeking variation on Mubaiwa’s place of residence and that she also surrenders her diplomatic passport.
Kwenda upheld the appeal and said he did not know that Chiwenga stayed at the same house when he made his initial ruling adding that interfering would be possible if Mubaiwa is allowed to go back.
“The respondent’s husband who is the complainant in the attempted murder case is living at the matrimonial home.
“I only became aware of that through this application. I would not have allowed a situation where the parties live under the same roof and expect them to peacefully co-exist under one roof especially considering that there is a pending attempted murder against the respondent,” said the judge.
“I therefore find that it is in the interests of justice to vary the accused person’s residence on the two bail orders under the circumstances. Consideration must be given that the respondent cannot reside at two different addresses at the same time,” he ruled.
Mubaiwa was ordered to reside at her parents’ place of residence, at 64 Folyjon Crescent Glen Lorne until her cases are finalised.
Also, with consent, parties agreed that she will surrender her passport which was in her husband’s possession.
The couple has been in and out of the courts since its divorce row spilled onto the public domain December last year.
They are fighting over property and custody of their minor children.
After Mubaiwa was thrown out of her home, she rushed to court seeking permission to be allowed to have access to her three minor children who are living under Chiwenga’s custody, access to her matrimonial home and personal things.
Kwenda delivered a judgement in favour of Mubaiwa while denigrating Chiwenga telling the VP he was not above the law.
The judge said Chiwenga had no authority to throw Mubaiwa out of the couple’s matrimonial home.
He ordered the VP not to bar his wife from returning home.
The judge also ruled that Mubaiwa should be allowed to use all her matrimonial property.