By Staff Reporter
MARRY Mubaiwa, vice president Constantino Chiwenga’s estranged wife, has filed an urgent chamber application with the High Court seeking an order setting aside a ruling by Harare magisrate Lazini Ncube committing her to jail for mental examination.
Mubaiwa also filed a separate application requesting urgent hearing of her appeal as she is unfit to be behind bars for one more day.
She was committed to prison on Tuesday following a request by the state to have her jailed under section 28 of the Mental Health Act.
This followed her request for trial postponement in a case she is accused of fraud and forgery as well as assault citing health complications.
Mubaiwa is battling lymphoedema and has not had meaningful treatment locally due to lack of specialists, according to her lawyers, but was blocked from seeking medication outside the country.
She has however had a skin grafting operation recently and is currently relying on stop pain and sedatives to ease her pain.
Mubaiwa contends it was wrong and irregular for magistrate Ncube to incarcerate her considering that she has already been seen by three state doctors.
She also told the High Court that the magistrate was wrong to detain her under the Mental Health Act because she has not exhibited any signs of mental sickness.
Mubaiwa said her concerns is that the medication she is currently taking may cause her not to fully follow her trial since they cause drowsiness, which will be prejudicial to her.
“Even if there was need for any further exam by more doctors which I strongly dispute, there would be no need for me to be in custody for such examination to take place,” she said in her founding affidavit.
“My incarceration is therefore clearly malicious and unlawful, designed only to inflict pain on me as it is based on a deliberate and calculated misinterpretation of the provisions of section 28 of the Mental Health Act,” she told the High Court.
Her lawyers supported her affidavit saying the matter indeed Cabot be delayed.
“The applicant’s continued incarceration in prison will likely exacerbate her already serious medical condition as the prison conditions are worsening her depression and anxiety. This may have irreparable consequences for her health. If this court does not give directions having the review set down on an urgent basis, the violations will have already occurred by the time the application for review is ultimately set down. Therefore, the applicant seeks an order having the application set down on an urgent basis.”
She is represented by Mtetwa and Nyambirai legal practitioners.
The matter is yet to be heard
