“The magistrate ruled that she cannot revisit delays before the trial. She says Marry is responsible for the delay because she is the one who was sick…”

By Court Correspondent | ZimEye | HARARE, ZIMBABWE – In a ruling that has sparked debate over judicial logic and empathy, the Harare Magistrates Court has dismissed an application by Marry Mubaiwa, the estranged wife of Vice President Constantino Chiwenga, for a permanent stay of prosecution on medical grounds. Marry Mubaiwa, who faces charges including attempted murder, has been critically ill, with her health significantly deteriorating to the point of losing her right hand and left leg to lymphodema.

Her lawyer, Beatrice Mtetwa, expressed her bewilderment at the court’s decision, stating, “It’s logic that I simply cannot understand.” The magistrate’s ruling pointed to Mubaiwa herself as the cause of the trial’s delay due to her health issues, a stance that has raised eyebrows and concerns among legal observers and human rights advocates.

“The magistrate ruled that she cannot revisit delays before the trial. She says Marry is responsible for the delay because she is the one who was sick and was being remanded in hospital,” Mtetwa elaborated during a press conference following the ruling. Despite the acknowledgment of Mubaiwa’s illness in the ruling, the magistrate did not address whether Mubaiwa’s health condition and subsequent hospital stays prejudiced her case or if continuing the trial would serve the interests of justice.

Mtetwa argued that the section of the law being invoked requires the court to assess whether there has been a delay, if the accused has been prejudiced by such delay, and whether proceeding with the trial would affect the administration of justice. “She has accepted that there was a delay, so for her to then rule that that delay was caused by her when she was sick doesn’t make sense,” Mtetwa critiqued the magistrate’s logic.

This decision comes at a time when Mubaiwa’s health has been a focal point in the media, with reports consistently highlighting her severe health challenges. Critics argue that the court’s decision might overlook fundamental principles of justice concerning the health of the accused and the fairness of the trial process.

The case has not only legal implications but also casts a spotlight on the intersection of health, politics, and justice in Zimbabwe. Marry Mubaiwa’s situation has drawn attention to how the legal system handles cases involving high-profile figures, especially when health issues are a significant factor.

The ruling has left many questioning the balance between legal proceedings and humanitarian considerations. As this story develops, it continues to raise important questions about the administration of justice in Zimbabwe, particularly when it involves individuals whose health conditions severely impact their ability to participate in legal proceedings.

Further comments from the judiciary or from Marry Mubaiwa’s legal team are awaited as the case potentially heads towards an appeal or other legal maneuvers to address the health and fairness concerns.- ZimEye