Daniel Nemukuyu, Harare Bureau
MARRY Mubaiwa, the estranged wife of Acting President Constantino Chiwenga, who is on remand for attempted murder, fraud and money laundering, only surrendered one diplomatic passport as a bail condition but remained with two other valid passports, it has emerged.
It has come to the court’s attention that Mubaiwa had two valid diplomatic passports and one personal passport when the High Court recently freed her on bail.
She only surrendered one passport.
The Acting President accuses his estranged wife of performing rituals at his Borrowdale home and bringing in “witch doctors”.
Two diplomatic passports (AD005170) and (AD005759) bearing Mubaiwa’s names are due to expire on December 11 this year and November 2 2022 respectively. The third passport (CN701555) will expire on February 21 2022.
Opposing Mubaiwa’s application to return to Number 614 Nick Price Drive, Borrowdale, the Acting President’s lawyers, Manase & Manase Legal Practitioners, argued that the prosecution was not aware of the issue when bail was argued.
He wants Mubaiwa’s bail to be revoked for lack of candidness.
The lawyers argued that Mubaiwa being an accused person, could not share the house with the Acting President, who is the complainant in two of the cases for fear of interference.
To that end, the Acting President has instructed his lawyers to write to the National Prosecuting Authority (NPA) apprising them of the discovery.
“The State failed to indicate during the bail hearing that I resided at 614 Nick Price Drive and a State witness could not now share the premises with the applicant (Mubaiwa).
“I notice that she mischievously said she stays there to cause havoc. She also surrendered one diplomatic passport yet she has two,” reads the opposing affidavit.
The lawyers said by not surrending all the passports she had in her possession, Mubaiwa was not a candid person and her bail should be revoked. “By lying, she should have her bail revoked,” reads the affidavit.
The Acting President stated in the court papers that Mubaiwa found him staying at the residence in question when they married and she no longer had a legal right to be there following termination of their customary union recently.
“Number 614 Nick Price Drive Borrowdale, is my house of sentimental value awarded to me by the High Court in a former divorce matter by the late Justice Mutema.
“I have no other home,” he said.
He suggests that Mubaiwa must stay where she is.
“I am a State witness and in other charges, a complainant. Surely, she cannot stay where I am staying.
“Since her release from prison, she is staying somewhere in one of her houses. She must stay there so as not to interfere with State witnesses and a complainant,” he said.
The Acting President denied allegations that he abducted her three children saying he was taking care of the children as a natural parent.
“The applicant was arrested and the children were left unattended. It became incumbent on the respondent to take the children. I took them on holiday abroad and initially they had signs of trauma as they explained the black magic rituals they were subjected to by the applicant.
“My clothes in some cases, were heaped together and sprayed by applicant with some unknown substances.
“I had to take the children away to cleanse them of memories of the horrors they experienced,” he said.
It was argued that there was medical evidence suggesting Mubaiwa was unfit to take custody of the children.
“The medical affidavit on Page 12 is very clear.
“The doctor concluded that that she (Marry) should be under the care of a physician, a surgeon and a psychiatrist.
“It is indicated that she has flashbacks, suffers from lack of sleep and has difficulties in breathing, symptoms of illicit drug abuse.
“Applicant cannot be trusted with children in the circumstances. While she cannot be precluded from being with and seeing the children, the court must balance the scales as there is need for both parents to continuously be with the children in order to ensure an unabused welfare,” he said.
Out of the five vehicles that Mubaiwa claims to have been deprived of, Acting President Chiwenga said, only one belongs to her.
“Applicant does not own all vehicles she is claiming. Only the Range Rover autobiography is her car. The rest do not belong to her….”
Three of the vehicles belong to Government.