High Court Judge Justice Benjamin Chikowero has dismissed Marry Mubaiwa Chiwenga’s plea for alteration of her bail conditions with argument that the latter placed inadequate information before the court.
Mubaiwa has been in and out of courts and hospital since her fallout with her third husband, Zimbabwe Vice President General Constantino Chiwenga.
Mubaiwa through her lawyer, Beatrice Mtetwa had approached the court citing that she had to seek medical assistance in South Africa.
In making his determination, Justice Chikowero said the following:
“Applicant has placed inadequate information before the court to warrant alteration of her bail condition.
“In the result, the application is dismissed,” reads the judgment.
“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.
“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,” continued the ruling.
She is expected back in court on January 21.
state media
