A HARARE court is on Friday expected to rule on whether Vice-President Constantino Chiwenga’s estranged wife, Marry Mubaiwa is fit to stand trial on allegations of fraudulently acquiring an ungraded marriage certificate when her husband was bedridden.
The State and a doctor assigned to examine her gave the greenlight for the trial to start.
The couple had been married for eight years under Zimbabwe’s customary law.
Supreme Court judge Justice George Chiweshe, who is a retired soldier, and former chief magistrate Munamato Mutevedzi who is now a High Court judge, are witnesses in the matter.
The doctor, Simukai Machawira told the court that he was a vascular specialist and was asked by his clinical director to write a medical report for Mubaiwa. He said he only did a physical examination of Mubaiwa and concluded that she was fit to stand trial.
Mubaiwa’s lawyer Beatrice Mtetwa asked Machawira if he contacted Mubaiwa’s doctor who is treating her to be apprised of her condition. Machawira said he did not consult her doctor, but was only working on her physical fitness.
Mtetwa then asked Machawira if his observations were a true reflection of Mubaiwa’s condition when he did not check with her doctor or check on her clinical records to which he responded that he was not an expert in checking her mental strength for the trial.
Machawira said he only relied on the information provided by Mubaiwa.
Mtetwa said all the medication Mubaiwa was taking was for pain and relief of trauma.
Machawira admitted in court that the fact that Mubaiwa was taking six different drugs could affect her mental state, but said when he assessed her, she seemed ready to stand trial despite being under medication.
The State, represented by Michael Reza, Tafara Chirambira and Tendai Shonhai, said Mubaiwa did not mention her mental problem when she was being examined.
Mtetwa then interjected saying she did not say Mubaiwa is mentally ill and was a candidate of Ingutsheni Psychiatric Hospital, but her mental strength to concentrate in court after taking medication.
Reza then apologised.
But Mtetwa asked the court to allow Mubaiwa to be examined for mental preparedness for trial. But Reza opposed, saying it was a classic act of afterthought.
Mtetwa said the trial could not resume when Mubaiwa was visibly sick.
Magistrate Lazini Ncube, however, postponed the matter to Friday for ruling. Mtetwa has been accusing Chiwenga of intimidating doctors who prepared Mubaiwa’s medical report.