Marry Mubaiwa removed from remand in VP Chiwenga’s attempted murder case after seven-year legal battle

Court Correspondent

Marry Mubaiwa, the former wife of Vice President Constantino Chiwenga, has been removed from remand on charges of attempting to murder the Zimbabwean leader during his hospitalisation in South Africa.

Harare regional magistrate Musaiona Shortgame delivered the ruling on Tuesday after rejecting a State application to postpone the trial to November 25 to allow prosecutors additional time to engage witnesses.

In his ruling, Shortgame found that Mubaiwa had suffered mental, physical and financial prejudice as a result of proceedings that had dragged on since her arrest in December 2019.

The decision represents a setback for the prosecution, which has struggled to bring the case to a conclusion despite the serious nature of the allegations.

Mubaiwa was accused of attempting to kill Chiwenga by allegedly unplugging his life-support system while he was receiving treatment at a South African hospital in 2019.

She denied the allegations.

The case has experienced numerous postponements over the years, with delays in securing witnesses and changes in judicial personnel complicating proceedings.

The trial also faced uncertainty following the elevation of the previous presiding magistrate, Feresi Chakanyuka, to the High Court, raising questions about how the prosecution would proceed.

Throughout the legal battle, Mubaiwa’s deteriorating health has attracted public attention, particularly after she underwent the amputation of a limb amid serious medical complications.

Tuesday’s ruling does not necessarily amount to an acquittal. Removal from remand means Mubaiwa is no longer required to remain on remand in connection with the charge, although the prosecution may seek to revive proceedings where legally permissible.

The development marks a significant turning point in one of Zimbabwe’s most closely followed criminal cases, which has attracted considerable public interest because of Mubaiwa’s former marriage to the Vice President and the circumstances surrounding their separation.