Marry Mubaiwa’s Court Application Seeking Treatment In SA Dismissed

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By Staff Reporter

HIGH Court judge, Justice Benjamin Chikowero has dismissed Marry Mubaiwa’s application for her bail conditions to be relaxed to enable her to travel to South Africa for medical treatment.

However, the judge dismissed Mubaiwa’s application ruling the case lacked merit.

“Applicant has placed inadequate information before the court to warrant alteration of her bail condition. In the result, the application is dismissed,” Justice Chikowero ruled.

He said Mubaiwa had failed to substantiate her claims.

“She has produced neither medical reports nor other medical records to substantiate her assertion that she had failed to obtain the care that she needs in this country. I only have Mr. Makarawo’s letter, written on November, 6, 2020. So there is that gap in the evidence,” he noted.

The judge also said Mubaiwa’s application was one sided.

“What I have before me by way of Mubaiwa’s application is one sided. It is true the National Prosecution Authority concedes that she is unwell, it is true also that she needs treatment, but that cannot be the end of the matter.

“Indeed papers from her own doctors contain some grey areas. Mr. Makarawo first attended to her on November 6, 2020.

“He diagnosed her with lymphoedema and recommended that she be treated in South Africa because he believes that there are specialists there. I have already rejected his assertion that there are no lymphoedema specialists in Zimbabwe.

“Dr. J van Heerden might have been treating Mubaiwa before her arrest on December 4, 2019, but no evidence was placed before me to prove that he or she attended to her since then.”

Through her lawyer, Beatrice Mtetwa, Mubaiwa told the court that she had not travelled since her arrest and the treatment she was receiving locally was worsening her condition.

Mubaiwa is facing six counts of contravening the Exchange Control Act, six counts of contravening the Money Laundering Act, fraud, attempting to murder her estranged husband Vice President Constantino Chiwenga, and assaulting a family maid.

She is expected back in court on January 21.