Nyore Madzianike Senior Court Reporter
Yet another medical examination, this time to include the side-effects of her medication, has been ordered for Marry Mubaiwa to see if she can comprehend the proceedings in her trials on charges of attempted murder, assault, money laundering and violating the Marriages Act.
Harare magistrate Mr Lazini Ncube yesterday ordered that the clinical medical director at Parirenyatwa Group of Hospitals would appoint a qualified doctor to undertake medical examination on Marry Mubaiwa, ascertain effects of medication she is taking and tell the court whether she was fit to comprehend trial proceedings.
This will be the second court-ordered examination. The first, which found she was physically fit to stand trial, was ordered after trial dates had been set, but Mubaiwa, through her lawyer Ms Beatrice Mtetwa, told the court that she was not fit to stand trial as she was taking medication that altered her mental state.
After the report was presented that she was fit to stand trial, Ms Mtetwa then argued that the doctor who examined Mubaiwa restricted himself to physical ability without looking at her whole well-being.
Yesterday, Ms Mtetwa and Mr Michael Reza, who appeared for the State, engaged the clinical medical director at Parirenyatwa Group of Hospitals, who indicated that a pharmacologist was needed to ascertain Mubaiwa’s well-being but said there was no such specialist in the country at the moment.
Mr Ncube then ordered that Mubaiwa avail herself to the Parirenyatwa Group of Hospitals’ clinical medical director, who would appoint a qualified doctor to ascertain the effects of the drugs that Mubaiwa is taking and tell the court whether she will be able to stand trial.
The court then ordered Mubaiwa to return to court on November 2 after undertaking the examinations. Mr Ncube will be presiding over the trial on the Marriages Act charge.
It is alleged that Mubaiwa in 2019 allegedly lied to then Judge President Justice George Mutandwa Chiweshe that her husband, Vice President Constantino Chiwenga, and herself had agreed to solemnise their marriage under the Marriages Act on July 2 2019 at their Borrowdale Brook residence in Harare and asked for his help in the arrangements.
Mubaiwa allegedly submitted copies of their national identity documents to Justice Chiweshe without the knowledge and consent of the Vice President.
Justice Chiweshe then contacted the then Chief Magistrate, Munamato Mutevedzi, who was recently appointed a judge of the High Court, to look for a magistrate to solemnise the marriage.
The Chief Magistrate allegedly directed that the necessary forms including the marriage certificate form be completed in advance, as is often done so that all that is necessary on the day is for the couple, the witnesses and the marriage officer to sign.
As the highest ranking marriage officer, he decided to preside over the wedding ceremony himself.
It is said that national identity documents were forwarded to him. Upon noticing that the passport size photos and address of the parties were not included, The Chief Magistrate contacted Secretary of the Judicial Service Commission Mr Walter Chikwana, who in turn contacted Mubaiwa with the request.
Mubaiwa allegedly sent the requested items to Mr Chikwana who forwarded them to the Chief Magistrate.
When Mubaiwa was doing this, VP Chiwenga was seriously ill and had not consented to the marriage and did not want their marriage solemnised under civil law, according to the State. It is said that the marriage certificate MR No 0222402 was prepared to reflect the marriage between VP Constantino GDN Chiwenga and Marry Mubaiwa. On June 22, 2019, the two went to South Africa where VP Chiwenga was to receive emergency medical attention as he was critically ill. On July 2, 2019, the chief magistrate, as the marriage officer, went to Borrowdale Brooke to solemnise the marriage with all the necessary documents, but found that there was no one home.
Investigations revealed that in preparation for the wedding, Mubaiwa had engaged Michael Louizidis, a jeweller at Alpha Jewellery in Newlands, Harare, to make two white gold wedding rings with diamonds, according to the State.
Mubaiwa also allegedly told her personal assistant Nyarai Bwanya about the wedding plans and asked her to prepare for the marriage ceremony.
It is said that on July 4, 2019, the chief magistrate cancelled the completed marriage certificate forms and the applications for marriage licence as required by law to show that the marriage did not take place.