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Harare Magistrate Feresi Chakanyuka has dismissed Vice President Constantino Chiwenga’s ex-wife, Marry Mubaiwa’s request to have her prosecution stayed due to poor health.
Mubaiwa, who suffers from lymphodema, argued that her trial had been delayed and that her health now prevented her from giving instructions to her lawyer.
However, the magistrate ruled that Mubaiwa was to blame for the delays.
According to <a href="https://www.newzimbabwe.com/magistrate-dismisses-marry-mubaiwas-application-for-stay-of-trial/">NewZimbabwe.com</a>, Mubaiwa’s lawyer, Beatrice Mtetwa, protested the decision, calling it unfair and claiming the magistrate misunderstood the basis of the application. Said Mtetwa:
<blockquote>
She (the magistrate) said Marry is responsible for the delay because she is the one who was sick and was being remanded in hospital.
It is logic that I simply cannot understand…it’s admitted that she was sick, it’s admitted in her ruling that she was in hospital so how it can be said… to blame her for the delay beats me.
</blockquote>
Mubaiwa, who has been battling a cancerous ailment for over four years and lost two limbs, is on trial for attempting to kill Chiwenga, while he was hospitalised in South Africa in 2019. She also faces money laundering charges.
Due to her poor health, her lawyer requested that her prosecution be stayed, as she is unable to give instructions. A similar request was made at the High Court. Said Mtetwa:
<blockquote>
Applicant cannot fully enjoy the right to a fair hearing which I am advised includes the right to be physically and mentally capable of following the full proceedings, the capacity to give instructions to one’s legal representative throughout the proceedings and if put on her defence, the right to cogently testify on the issues raised in evidence and to generally give her version of events.
I am able to say that the applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above.
In particular, I point out that with regards the money laundering case, the State papers were provided to the defence when the applicant was already on heavy medication, had already lost a limb and was trying to avert the loss of her leg.
Consequently, she has been unable to give instructions on the documents supplied by the State in November, 2023 with the result that her legal team only has general instructions from the period of her arrest when no document had been provided save for the general allegations given on remand
</blockquote>
Mtetwa argued that it would be in the interest of justice to give her client a break, as the court has the power to stop unfinished proceedings in exceptional cases where continuing the trial would lead to an unfair outcome that cannot be corrected in any other way.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A judge said no to Marry Mubaiwa's request to stop her trial because she's sick. She has lymphedema and cancer, lost two limbs, and can't give orders to her lawyer. The judge blamed her for delays in the trial. Marry is in court for trying to harm her ex-husband, Vice President Chiwenga, and for money laundering. Her lawyer wanted the trial stopped because Marry can't follow the proceedings or give good instructions. But the judge didn't agree and said the trial should continue. Marry's lawyer thinks this is unfair and wants a break for her client.

Magistrate Rejects Marry Mubaiwa's Request To Stay Prosecution Due To Health Issues

Marry Mubaiwa, the ex-wife of Vice-President Constantino Chiwenga, has filed for a permanent stay of prosecution in the case where she faces attempted murder charges. The application was submitted on Monday before Harare regional magistrate Feresi Chakanyuka.
Mubaiwa is accused of attempting to kill Chiwenga by allegedly unplugging his life support system at a South African hospital.
In previous hearings, Dr John Mangwiro, a former deputy health minister, testified that Chiwenga’s condition worsened whenever Mubaiwa entered his room, claiming she had such control that she could manage who had access to him and even refused medical treatment for him at one point.
Mubaiwa, who has been battling lymphoedema for over four years, has already lost her right hand and left leg due to the illness.
Her health has continued to deteriorate, and she has been hospitalised frequently. She has had to be brought to court on a stretcher and in an ambulance in the past, and on Monday, she was wheeled into the courtroom.
Her lawyer, Beatrice Mtetwa, argued that the excessive delay in the criminal proceedings and Mubaiwa’s deteriorating health made it unjust to continue the prosecution.
Mtetwa further criticised the justice system, calling it “callous, inhumane, and lacking empathy,” especially given the visible signs of Mubaiwa’s severe illness.
Mtetwa added that it would be impossible for Mubaiwa to effectively instruct her legal team, suggesting that staying the prosecution would be in the interests of justice. A similar request had also been made at the High Court. Said Mtetwa (via <a href="https://www.newzimbabwe.com/marry-mubaiwa-seeks-stay-of-trial-due-to-deteriorating-health/">NewZimbabwe.com</a>):
<blockquote>
Applicant cannot fully enjoy the right to a fair hearing which I am advised includes the right to be physically and mentally capable to follow the full proceedings, the capacity to give instructions to one’s legal representative throughout the proceedings and if put on her defence, the right to cogently testify on the issues raised in evidence and to generally give her version of events.
I am able to say that the applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above.
In particular, I point out that with regard to the money laundering case, the State papers were provided to the defence when the applicant was already on heavy medication, had already lost a limb and was trying to avert the loss of her leg.
Consequently, she has been unable to give instructions on the documents supplied by the State in November 2023 with the result that her legal team only has general instructions from the period of her arrest when no document had been provided save for the general allegations given on remand.
</blockquote>
Lancelot Mutsokoti, representing the State, stated that they would abide by the High Court’s ruling regarding a similar application made by Mubaiwa.
Magistrate Feresi Chakanyuka is scheduled to deliver her ruling on the request on November 22.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Marry Mubaiwa wants to stop the trial for trying to hurt her ex-husband, who is the Vice-President. She said the trial is not fair because she is very sick and can't understand everything. Her lawyer said it was not right to continue the case because of her health. The decision will be made on November 22. The court will follow the ruling made by the High Court. Mubaiwa's health has been getting worse, and she has lost her hand and leg. She has to go to court in an ambulance because she is very sick.

Marry Mubaiwa Seeks Permanent Stay Of Prosecution In Attempted Murder Case

<a href="https://www.pindula.co.zw/Beatrice_Mtetwa/">Beatrice Mtetwa</a> withdrew herself from being<a href="https://www.pindula.co.zw/Marry_Chiwenga/"> Marry Mubaiwa’s</a> lawyer in a case she is being accused of trying to kill Vice President <a href="https://www.pindula.co.zw/Constantino_Chiwenga/">Constantino Chiwenga</a>.
Marry Mubaiwa, the ex-wife of Vice-President Constantino Chiwenga, appeared in court facing charges of attempting to kill her estranged husband but Mtetwa was unhappy with the manner in which the case was being handled. She then withdrew her services.
According to <a href="https://www.newsday.co.zw/local-news/article/200018619/do-as-you-wish-chiwengas-ex-wife-tells-court">NewsDay</a>, the court then asked Mubaiwa if she was comfortable proceeding without her lawyer, to which she responded for the magistrate to do as they wished. Mtetwa had requested a postponement, citing Mubaiwa’s pain from a leg surgery, but the court adjourned for about 20 minutes and asked Mubaiwa to provide medical documents.
When the court resumed, Mtetwa officially withdrew herself as Marry’s legal representative due to the perceived unfair treatment of her client. The magistrate then asked Mubaiwa to decide whether to find another lawyer or proceed without legal representation.
Mubaiwa told the magistrate to do as they pleased and was given a day to find a new lawyer. The trial is set to continue the next day with the testimony of former Health Deputy Minister <a href="https://www.pindula.co.zw/John_Mangwiro/">John Mangwiro</a>.
<h3>Some Context:</h3>
Chiwenga, who was unwell in 2019, is accusing his former wife Marry of attempting to kill him when he was bedridden. In court, three witnesses testified that Marry tried to prevent healthcare professionals from helping Chiwenga, with the intention of causing harm. A South African doctor, Willi Leo Sieling, stated that Marry even injected Chiwenga with a poisonous substance, interfered with his medical treatment, and disconnected him from life support.
Marry denies these allegations, claiming that Chiwenga is using them as part of a strategy to divorce her. Chiwenga had been suffering from a condition called idiopathic oesophagal stricture since 2018, which caused blockages in his oesophagus, making it difficult to swallow or vomit. He sought treatment in various countries including Zimbabwe, South Africa, India, and China.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Beatrice Mtetwa Withdraws As Marry Mubaiwa's Lawyer Citing Court Unfairness

There was chaos in Parliament on Tuesday when anti-riot police were called to remove opposition <a href="https://www.pindula.co.zw/Citizens'_Coalition_for_Change/">Citizens Coalition for Change (CCC)</a> legislators who were protesting the recall of their 15 colleagues. A CCC supporter from Bulawayo, <a href="https://www.pindula.co.zw/Sengezo_Tshabangu/">Sengezo Tshabangu</a>, claimed to be the party’s interim secretary-general and initiated the recall of 15 CCC Members of Parliament (MPs) and 17 councillors, alleging that they were no longer members of the party.
When Speaker of the National Assembly, <a href="https://www.pindula.co.zw/Jacob_Mudenda/">Jacob Mudenda</a>, officially announced <a href="https://www.pindula.co.zw/2023/010/09/speaker-of-parliament-jacob-mudenda-announces-recall-of-ccc-mps/">the recall of the MPs</a>, opposition MPs responded by singing and chanting slogans against Mudenda, bringing the proceedings to a halt. CCC interim organising secretary <a href="https://www.pindula.co.zw/Amos_Chibaya/">Amos Chibaya</a> argued that Mudenda was wrong to accept Tshabangu’s letter, stating that all communication should come from their president,<a href="https://www.pindula.co.zw/Nelson_Chamisa/"> Nelson Chamisa</a>. <a href="https://www.newsday.co.zw/local-news/article/200017877/chaos-as-ccc-mps-defy-parly-recall">NewsDay</a> quotes him as saying:
<blockquote>
Mr Speaker, we wrote a letter to you dated September 11, notifying you that all communication comes from our president (Nelson) Chamisa.
I don’t think it is proper for you to rule in favour of Tshabangu.
</blockquote>
Mudenda ordered the recalled MPs to leave the House, but they refused and continued singing party songs. As a result, anti-riot police were called in to remove them. Mudenda also imposed a ban on all CCC MPs from attending Parliament for six sessions and docked their salaries for boycotting President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa/">Emmerson Mnangagwa</a>‘s State of the Nation address the previous week.
While the chaos unfolded, Chamisa held meetings in Harare with party members to plan the way forward after the recall of MPs and councillors. CCC interim spokesperson <a href="https://www.pindula.co.zw/Promise_Mkwananzi/">Promise Mkwananzi</a> dismissed Tshabangu as an impostor and a proxy for the ruling Zanu PF party. He said:
<blockquote>
Action will be taken after a collective decision of all party organs.
The consultative process is underway today (yesterday).
We are having a series of meetings to discuss the issue and we will advise our members of the next step.
But we will not allow Zanu PF to subvert the will of the people.
</blockquote>
Zanu PF, however, distanced itself from the recalls.
Human rights lawyer <a href="https://www.pindula.co.zw/Beatrice_Mtetwa/">Beatrice Mtetwa</a> staged a solo demonstration in Harare against the recalls, holding a placard that read, “Tshabangu, respect our vote.” She expressed her anger over the recalls and criticised Mudenda for favouring political interests over the law.
Tshabangu’s spokesperson denied a circulating letter claiming that Chamisa had also been expelled from the party, stating that it was a fake document. The CCC was formed in January 2022 after the <a href="https://www.pindula.co.zw/2020/04/02/full-supreme-court-ruling-on-mdc-leadership-crisis-case/">Supreme Court ruled that Chamisa was not the leader of the MDC.</a> The CCC has yet to hold a congress to elect a permanent leadership since its establishment.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Chaos In Parliament As Anti-riot Police Eject CCC MPs

The trial of the ex-wife of Vice President Constantino Chiwenga, Marry Mubaiwa, for attempted murder has been postponed to January next year.
Mubaiwa’s application to have the trial deferred to 2023 was on Thursday granted by Harare magistrate Feresi Chakanyuka.
Mubaiwa is facing a charge of attempting to kill Chiwenga while he was hospitalised in Pretoria, South Africa in 2019.
Lawyer Ryan Sitotombe, who was standing in for Mubaiwa’s lawyer, Beatrice Mtetwa, told the court that Mubaiwa’s preferred lawyer was set to undergo an operation in South Africa so she was unavailable. Said Sitotombe:
<blockquote>
Following your ruling, we wish to apply for a postponement because her lawyer is due for an operation in SA.
She will not be available because of that and after the operation, she will not be able to walk on her own without the assistance of crutches.
Therefore, to enable the accused’s counsel of choice to represent her we seek postponement to January 17.
</blockquote>
Mubaiwa had sought the postponement of the trial to 20 January pending a High Court determination on whether the Harare Magistrates Court has jurisdiction to preside over the matter as the alleged crime was committed in South Africa. | <a href="https://www.newsday.co.zw/local-news/article/200004412/vps-ex-wife-trial-postponed-to-2023">NewsDay</a>

Marry Mubaiwa's Trial Postponed To 2023

Jeremiah Bhamu, the lawyer of jailed Zengeza West Member of Parliament, <a href="https://www.pindula.co.zw/Job_Sikhala">Job Sikhala</a> has accused the court of altering its order to disadvantage his clients.
Bhamu made the claim after magistrate Taurai Manuwere dismissed an application to have deputy prosecutor-general Michael Reza and prosecutor Lancelot Mutsokoti <a href="https://zero.pindula.co.zw/beatrice-mtetwa-calls-for-the-arrest-of-prosecutors-micheal-reza-and-lancelot-mutsokoti/">charged for contempt of court.</a>
<a href="https://newsday.co.zw/local-news/article/200000302/court-doctors-its-order-to-prejudice-sikhala-lawyer">NewsDay Zimbabwe</a> reports that the application was made by <a href="https://www.pindula.co.zw/Beatrice_Mtetwa">Beatrice Mtetwa</a> on behalf of Sikhala and his co-accused Godfrey Sithole.
Mtetwa and Bhamu, who are taking instructions from the Zimbabwe Human Rights NGO Forum and Zimbabwe Lawyers for Human Rights, wanted Reza and Mutsokoti charged for defying an order to furnish the defence with State papers on the case.
The order was made by magistrate Feresi Chakanyuka on August 18.
Sikhala and Sithole want the State papers to allow them to prepare for the trial that has been set for November 21. Bhamu said the court could have doctored its papers to prejudice his clients. Bhamu said:
<blockquote>
The written order with no timelines was erroneously written as it is different from what the court said that day.
An examination of the electronic record which captures what happened, if properly examined, states that the State was supposed to provide the papers at the end of day on August 18.
.. Mutsokoti (…) admitted that he was aware of the directive directing the furnishing of State papers by close of business on August 18. He confirmed that that was actually what the court ordered.
</blockquote>
Friday, Bhamu said the court should order Mutsokoti to provide him with the papers on September 12.
Manuwere said he will rule on Bhamu’s application for the court to set new timelines. The magistrate said he wanted to find out if the court had the powers to do so. 
Sikhala has been in jail since June when he was arrested together with 14 other <a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change">Citizens Coalition for Change (CCC)</a> activists over the 14 June Nyatsime violence which erupted during the funeral wake of slain <a href="https://www.pindula.co.zw/Moreblessing_Ali">Moreblessing Ali.</a>
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Sikhala’s Lawyer Accuses The Court Of Altering Its Order To Disadvantage The Jailed MP

Prominent lawyer, <a href="https://www.pindula.co.zw/Beatrice_Mtetwa">Beatrice Mtetwa</a> has said prosecutors <a href="https://www.pindula.co.zw/Michael_Reza">Micheal Reza</a> and Lancelot Mutsokoti must be arrested for allegedly failing to comply with magistrate Feresi Chakanyuka’s court order.
Mtetwa says the prosecutors must be held in contempt and locked up until they comply with the order.
The state prosecutors have failed since 18 August to supply incarcerated opposition MPs, <a href="https://www.pindula.co.zw/Job_Sikhala">Job Sikhala</a> (Zengeza West) and <a href="https://www.pindula.co.zw/Godfrey_Sithole">Godfrey Sithole</a> (Chitungwiza North) with documents to enable them to prepare their defence.
The two were arrested and detained in June over the 14 June violence that erupted during the funeral wake of slain Citizens Coalition for Change (CCC) activist, <a href="https://www.pindula.co.zw/Moreblessing_Ali">Moreblessing Ali.</a>
Ali was allegedly murdered by Pius Mukandi alias Jamba who is linked to the ruling party ZANU PF.
Critics say the two Members of Parliament are being persecuted for political reasons.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Beatrice Mtetwa Calls For The Arrest Of Prosecutors Micheal Reza And Lancelot Mutsokoti

Human rights lawyer Beatrice Mtetwa who is representing jailed Zengeza West MP, Job Sikhala (MDC Alliance), said that repression under President Emmerson Mnangagwa is worse than it was under his predecessor Robert Mugabe.
Sikhala has been kept at Harare’s Chikurubi Maximum Security Prison for more than two months on allegations of inciting public violence and obstructing the course of justice.
The 49-year-old CCC vice chairman has been arrested 67 times but never been convicted in a political career spanning more than two decades.
Under Robert Mugabe, who ruled Zimbabwe with an iron fist for 37 years before he was overthrown in a popular military coup in 2017, the country gained a long experience with arrests of dissenters and abuse.
But speaking to AFP, Mtetwa said it’s worse than under Mugabe right now.
Sikhala was arrested in June along with fellow opposition politician and lawmaker Godfrey Sithole (CCC) over a speech he gave at the memorial service for Moreblessing Ali, another opposition activist who was killed, mutilated and dumped into a well.
A practising lawyer, Sikhala told mourners that Ali’s spirit would come back to avenge her death.
The day was marked by what the Zimbabwe Republic Police (ZRP) has described as an “orgy of public violence.”
Supporters of the ruling ZANU-PF party reportedly harassed funeral-goers and declared that Nyatsime, where Ali lived, was a no-go area for CCC.
Sikhala was charged with inciting violence and obstructing the course of justice over his speech and for having allegedly suggested that ZANU-PF members were behind the murder.
His lawyers have denied any link between their client and the violence. Said Mtetwa:
<blockquote>
The point is not so much to have him prosecuted, but to harass him and to keep him in custody for as long as possible.
</blockquote>
More: <a href="https://www.news24.com/news24/africa/news/its-worse-than-under-mugabe-right-now-zimbabwean-mp-pays-the-price-of-opposition-in-solitary-cell-20220821">News24</a>

"It's Worse Than Under Mugabe Right Now", Says Sikhala's Lawyer

Bail hearing for Job Sikhala and Godfrey Sithole on their first charge of inciting the June 14 Nyatsime violence has been rolled to Tuesday 16 August 2022 for oral bail submissions.
This was after the defence lawyers failed to access all the documents in the file.
Lawyer Beatrice Mtetwa, who is seconded by the Zimbabwe NGO Forum and the Zimbabwe Lawyers for Human Rights was at the Harare Magistrates’ court tracking Sikhala’s file.
Sikhala and Sithole are citing changed circumstances, but the State is opposing saying the accused have not placed any changed circumstances to compel the court to revoke its earlier decision to deny them bail.
The two legislators, together with a dozen other Citizens Coalition for Change (CCC) party activists, were arrested on the 14th of June and charged with inciting the violence which erupted during the funeral wake of slain CCC activist, Moreblessing Ali.
They have all been denied bail twice by both the Magistrates and High Court and they are in Chikurubi Maximum security prison.
On top of charges of inciting violence, Sikhala was hit with fresh charges of obstructing the course of justice based on the same circumstances.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

59 Nights In Prison: Sikhala, Sithole Bail Hearing Rolled To 16 August

Award-winning Zimbabwean lawyer, Beatrice Mtetwa, wept in front of cameras on Friday while explaining how rotten the Justice system in Zimbabwe is after a court issued a warrant of arrest for Marry Mubaiwa for failing to climb court stairs.
Mubaiwa, a former model, is being accused of attempting to kill her ex-husband, Vice President Constantino Chiwenga. She denies the charges and claims that the former military boss manufactured the charges to find an excuse for divorce. Watch the video below in which Mtetwa gives a court update. Credit AMH.
<div class="wp-video" style="width: 426px;">
<video class="wp-video-shortcode" controls="controls" height="234" id="video-238990-1" preload="metadata" width="426"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2022/08/BEATRICE-MTETWA-WEEPS.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2022/08/BEATRICE-MTETWA-WEEPS.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2022/08/BEATRICE-MTETWA-WEEPS.mp4</a></video></div>
Marry who is a former wife to former Warriors striker Shingirai Kawondera Friday failed to attend court proceedings despite being at the courts as she was too ill to leave her vehicle.
The presiding magistrate issued her a warrant of arrest for failing to climb the stairs to the courtroom.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Lawyer Beatrice Mtetwa Weeps As Warrant Of Arrest Is Issued For Marry Mubaiwa

The High Court is set to make a determination on the sharing of property belonging to Vice President <a href="https://www.pindula.co.zw/Constantino_Chiwenga">Constantino Chiwenga</a> and his estranged wife, <a href="https://www.pindula.co.zw/Marry_Chiwenga">Mary Mubaiwa.</a>
<a href="https://www.newsday.co.zw/2022/06/chiwengaa-and-ex-wife-mubaiwa-to-share-properties/">NewsDay reports</a> that this is after Justice Owen Tagu postponed the matter to July 1 to allow Chiwenga and Mubaiwa’s lawyers to file heads of arguments.
Mubaiwa appeared in person in court while the applicant’s counsel, advocate <a href="https://www.pindula.co.zw/Lewis_Uriri">Lewis Uriri</a> said Chiwenga could not make it as he was attending the funeral of late hero, Sydney Bhebhe at the National Heroes Acre on Monday.
Mubaiwa’s lawyer, <a href="https://www.pindula.co.zw/Beatrice_Mtetwa">Beatrice Mutetwa</a> asked for permission to file heads of argument to include the interests of the couple’s children. Mtetwa said:
<blockquote>
I have discussed with my learned friend that the reason for the joinder is because the beneficiaries in that part are minor children whose interests need to be separately protected from those of their parents. One of those children has since attained majority status and may want to appoint his own lawyer to protect his interests.
Could I be allowed at least up to June 29 to file the heads of argument if the court agrees with that cause of action.
</blockquote>
Uriri, however, said that the rights of children were catered for by their guardians, according to the country’s constitution. He said:
<blockquote>
The second point we make is that children don’t need a curator. They are not without guardians. The law of Zimbabwe provides for their guardians, their guardians are before court and their interests are covered by their guardians.
It will be a new and novel proposition to say that in every divorce case the children of the marriage should have curators. That would undermine the constitutional requirement…and that will be taking away from the courts supervisory role with the uppermost guardian of children.
</blockquote>
Meanwhile, Mubaiwa a former model, also appeared before Harare magistrate Stanford Mambanje facing a separate charge of trying to kill Chiwenga. The matter was postponed to July 6.
<h2>More: <a class="external text" href="https://zero.pindula.co.zw/download/" rel="nofollow">Pindula News </a>is best enjoyed <a href="https://zero.pindula.co.zw/download/?utm_source=PindulaArticles&amp;utm_campaign=DownloadLink">via the App. Download it here</a></h2>

High Court Set Date For Ruling On VP Chiwenga, Marry Property Sharing Case

Marry Mubaiwa, the ex-wife of Vice President Constantino Chiwenga will be appealing her conviction for marriage fraud by a Harare magistrate, her lawyer Beatrice Mtetwa has said.
Mubaiwa was found guilty of contravening the Marriage Act after she tried to upgrade her customary union with Chiwenga without his consent.
She had claimed Chiwenga had agreed to formalise their union while he was hospitalised in India.
Mtetwa said in convicting Mubaiwa, magistrate Lanzini Ncube ignored their submissions and said he came “up with a case of his own in passing judgement”. Said Mtetwa:
<blockquote>
My view is that the conviction is a bad conviction, we have already prepared our notice of appeal and grounds of appeal.
The Magistrate ignored every submission we made, all the contradictions in the state’s case and he created a new case of his own completely not based on what the charge sheet says, so we are appealing.
</blockquote>
Mubaiwa was given an option to pay ZWL$60 000 or go to jail for six months.
The magistrate ruled she was not in good health to go to jail or perform hours of community service.
He also said Mubaiwa deserves a second chance since she is a first time offender.
Mubaiwa has several other charges pending before the courts including fraud, attempted murder and assault.
<h4>More: <a href="https://www.newzimbabwe.com/marry-mubaiwa-to-appeal-conviction/">NewZimbabwe.com</a></h4>

Marry Mubaiwa To Appeal Conviction For Marriage Fraud

Vice President Constantino Chiwenga’s former wife, Marry Mubaiwa’s right hand is set to be amputated.
A specialist trauma and orthopaedic surgeon, Dr John Nyahunzvi, recommended amputation for Marry’s right hand above her elbow due to severe sepsis syndrome, non-healing ulcer and chronic osteomyelitis. He said:
<blockquote>
I had the pleasure of assessing Marry Mubaws on behalf of my senior colleague Mr Mthethwa. She is 5 weeks post revision surgery for a right humerus shaft re-fracture.
Her current condition is critical life-threatening) and has necessitated hospitalization and stabilisation with a plan for emergent right high above elbow amputation as soon as she is deemed medically stable.
She has severe sepsis secondary to deep infection after revision Surgery to fix a re-fracture of the right humerus shaft against a background of chronic sepsis in her forearm.
Careful inpatient clinical management of her current state is required, and a multidisciplinary team is in attendance.
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/FPBCtWEWUAICbRB?format=jpg&amp;name=medium"/>
</blockquote>
Marry’s lawyer, Beatrice Mtetwa, told the court on Tuesday that her client is in a serious condition and is due for amputation of her right arm, reported <a href="https://twitter.com/NewsHawksLive/status/1508782493792718852">The NewsHawks</a>.
The 40-year-old model, who has been denied permission to access treatment outside the country, collapsed at the court on Monday after previous similar collapses.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Marry Mubaiwa’s Right Hand Set To Be Amputated

The High Court on Thursday ruled that the marriage between Vice President Constantino Chiwenga and Mary Mubaiwa ceased to exist in 2019 when the former army general gave her a US$100 divorce token.
Justice Owen Tagu, however, said issues pertaining to the custody care and control and access to the children, maintenance for spouse and child, division of matrimonial home and division of other matrimonial assets have to still be settled in civil suits which can only be heard when Mubaiwa is able to pursue the matters.
The judge ruled that the marriage between Chiwenga and Mubaiwa was the unregistered customary law union, which was terminated on 24 November 2019 after Mubaiwa was given “gupuro”, divorce token in the Shona culture.
The ruling came after Chiwenga, through his lawyer Advocate Lewis Uriri instructed by Wilson Manase of Manase and Manase, filed an urgent chamber application for an order terminating the customary union between him and Mubaiwa.
Justice Owen Tagu granted the order but said he confined himself only to the declaration sought in the chamber application.
Chiwenga, through his lawyers, argued he gave Mubaiwa a divorce token, thereby terminating the union between them in terms of the African law and custom.
Mubaiwa, through her lawyer Beatrice Mtetwa, said the gupuro was given to her in United States currency which she refused to accept as that currency could no longer be lawfully transacted in Zimbabwe.
Mubaiwa, however, could not say that the customary union had not ended. She accepted that it had terminated, but blamed Chiwenga for its demise.
Justice Tagu ruled that he saw nothing that could prevent him from granting the order sought, that is, to grant a declaratory order that the customary union between Chiwenga and Mubaiwa ended on 24 November 2019.
<h4>More: <a href="https://www.herald.co.zw/mubaiwa-not-vp-chiwengas-wife-court-rules/">The Herald</a></h4>

Chiwenga, Mubaiwa Marriage Ended In 2019, Court Rules

The Zimbabwe Republic Police (ZRP), is refusing to release the broadcast equipment they seized from prominent journalist Hopewell Chin’ono’s Harare home in 2020.
Police arrested Chin’ono in July 2020 on charges of incitement to commit public violence through posting tweets denouncing looting and corruption by well-connected political elites and their cronies.
Early this month, High Court Judge Justice Siyabona Musithu acquitted the freelance journalist and filmmaker on the charges.
Chin’ono, through his lawyers Mtetwa and Nyambirai Legal Practitioners has written to the ZRP, asking for his equipment to be released but his pleas have fallen on deaf ears.
The lawyers wrote to the police on 1 October 2020 and 16 December 2020 requesting the release of Chin’ono’s equipment.
In another letter dated 8 December 2021, and addressed to Detective Chief Inspector Morga Chafa, the Officer in Charge Law &amp; Order Section, ZRP, Harare Central, the lawyers wrote:
<blockquote>
On 21 July 2020, you seized our client’s cell phone, camera and other associated articles purportedly in connection with a charge of incitement to commit public violence.
We write to advise you that that charge has been declared to be a nullity by the High Court of Zimbabwe in Hopewell Chin’ono v Regional Magistrate V.P. Guwuriro N.O. &amp; Anor HH 690/21.
Therefore, there is no legal basis for your continued holding of the articles belonging to our client. Indeed, as set out in our previous letters, there has never been any legal basis for the holding of the articles as they are unrelated to the alleged offence and were never intended to be used by the prosecution.
Now that there is, in fact, no pending charge against our client with respect to the articles seized the illegality of your continued holding of those articles is further compounded. Our client reserves his rights in that respect.
Please kindly respond to this letter within seven (7) days advising when our client can come to collect the articles.
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Posting on Twitter this Friday, Chin’ono said ZRP is yet to respond to the letter even though the seven days have elapsed.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Police "Refuse" To Release Chin'ono's Cellphone And Camera

The estranged wife of Vice President Constantino Chiwenga, <a href="https://www.pindula.co.zw/Marry_Chiwenga?utm_source=PindulaArticle&amp;utm_campaign=PindulaArticle">Marry Mubaiwa-Chiwenga</a> will spend the next 10 days in remand prison pending mental examination by state doctors.
This comes after Harare magistrate Lazini Ncube granted an application by the state led by Prosecutor Michael Reza, who urged the court to send her to jail so that she can be medically monitored.
Marry, through her lawyer Beatrice Mtetwa, has been challenging the commencement of her trial in a case she is accused of assault and, another of fraud and forgery.
She was arguing in court that she was physically and mentally unwell to face trial.
Two medical practitioners gave conflicting explanations on Marry’s health status, prompting Reza to make an application for her to be medically examined by two Government doctors on whether she is fit to stand trial or not.
The head of the psychiatric department at Parirenyatwa Group of Hospitals, Dr Fungisai Mazhandu, told the court that Mubaiwa was suffering from depression and anxiety and could therefore not fully follow and participate in court proceedings.
However, Dr Charles Nyamukachi, head physician at Parirenyatwa Group of Hospitals, told the court that he examined Marry on 4 November and noted that she was fully alert and her level of concentration was normal.
Marry is battling lymphedema a condition that has left her lower limbs deformed. She will be in the hands of the officer-in-charge, Harare Remand prison for the next 10 days.
The former model is expected back in court on 26 November.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Marry Chiwenga Sent To Remand Prison

Advocate Thabani Mpofu of “the Fulcrum”, “the Pith” fame has said Zimbabwe’s criminal justice system “has simply lost its way.” 
Mpofu was commenting on the pictures of Marry Mubaiwa-Chiwenga, the estranged wife of Vice President Constantino Chiwenga who is suffering from lymphoedema, a condition that causes her hands and legs to swell.
Despite her condition, the State has continuously dragged her to court with analysts saying her husband was abusing his authority.
She is expected in court soon for trial on charges including attempting to kill Chiwenga, money laundering and assault. 
<img alt="" class="media-img" data-maxheight="670" data-maxwidth="676" decoding="async" src="https://pbs.twimg.com/media/FAoaHcoWQAM_s7Q?format=jpg&amp;name=large"/><img alt="" class="media-img" data-maxheight="688" data-maxwidth="624" decoding="async" src="https://pbs.twimg.com/media/FAoaHcpXMAoXiIe?format=jpg&amp;name=large"/>
 Graphic images alert – credit H-Metro.
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<li><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/10/MARRY-1.jpg">Image 1</a></li>
<li><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/10/MARRY-2.jpg">Image 2</a> </li>
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Commenting on the pictures, Advocate Mpofu said:
<blockquote>
Our criminal justice system has simply lost its way and must be delivered from this moral turpitude.
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Last year, Marr’s doctor diagnosed her with lymphoedema and recommended that she be treated in South Africa because he believes that there are specialists there. 
The former model then approached the courts seeking the release of her passport so that she could travel to South Africa for medical attention. 
Justice Chikowero dismissed the former model’s application on the basis that she did not present the court with adequate information to warrant her bail conditions alteration. He added:
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I have already rejected his assertion that there are no lymphoedema specialists in Zimbabwe.
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Last month, her lawyer, Beatrice Mtetwa opted to have her client remove the bandages to prove to the court that, indeed, her client was suffering from an ailment. 
Mtetwa argued that Marry’s husband is the Vice-President and the Minister of Health and Child Care and all the doctors are too frightened to write a medical affidavit that proves that she was indeed not feeling well.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

Advocate Thabani Mpofu Comments On Marry Chiwenga's Deteriorating Health

Vice President and Health and Childcare Minister Constantino Chiwenga is reportedly threatening medical doctors against releasing an affidavit for his estranged wife Marry, who is seeking postponement of her cases at the courts due to poor health.
Marry’s lawyer, Beatrice Mtetwa, on Monday told the court that several doctors approached by Marry had refused to give her a medical report, saying they were afraid of her powerful husband who is their boss.
The former model who is suffering from lymphoedema, yesterday appeared in court with a drip fixed on a walker she uses for mobility.
Mtetwa told the court that Marry could not stand trial and requested the court to postpone the matter for two months as the doctor who was attending to her had recommended lengthy bed rest.
Prosecutor Netsai Mushayabasa, however, opposed the application, saying Mtetwa did not submit any documents to prove her client’s illness.
Mtetwa opted to have her client remove the bandages to prove to the court that, indeed, her client was suffering from an ailment. She said:
<blockquote>
We ask you to take a judiciary notice that the accused person’s husband is the Vice-President and the Minister of Health and all the doctors are too frightened to write that medical affidavit.
We are quite happy that we can remove her bandages so that you can see the wounds. The State cannot make sensitive comments on the accused person who is not well.
The insinuation that she is well can be cured by the removal of her bandages from her arm and her thigh to prove she is in pain and was operated on the thigh and left hand.
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Mtetwa said Marry could not stand trial as the drugs she was taking would distract her concentration in court.
However, magistrate Noel Mupeiwa ordered doctors treating Marry to avail a medical affidavit for her.
The matter was postponed to 6 October, when the court will assess her condition.
Marry is being accused of attempting to kill Chiwenga. She is also facing money laundering, fraud and assault charges and is out on bail.
Chiwenga and Marry are also embroiled in a highly acrimonious divorce process at the High Court where they have washed dirty their linen in public.
They are also brawling over custody of their three minor children.
<h4>More: <a href="https://www.newsday.co.zw/2021/09/chiwenga-threatens-marrys-doctors/">NewsDay</a></h4>

'Marry's Doctors Afraid Of Chiwenga'

Prominent lawyer Beatrice Mtwtwa has said president Emerson Mnangagwa’s end goal in the extension of Chief Justice Luke Malaba’s term of office might be the extension of the presidential term.
Speaking to MagambaTV’s Cde Fatso, Mtetwa said Malaba’s case is probably a trial run. Watch the video below for more.
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<video class="wp-video-shortcode" controls="controls" height="360" id="video-211121-1" preload="metadata" width="640"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/08/MTETWA-MALABA-TERM-EXTENSION-MNANGAGWA-END-GOAL.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/08/MTETWA-MALABA-TERM-EXTENSION-MNANGAGWA-END-GOAL.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2021/08/MTETWA-MALABA-TERM-EXTENSION-MNANGAGWA-END-GOAL.mp4</a></video></div>
President Mnangagwa extended Justice Malaba’s term of office by an additional five years beyond 70 years – retirement age.
Mnangagwa used<a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/"> the Constitutional Amendment Bill No. 2</a> which he had recently signed into law. The changes, among other things, give the president authority to make key judicial appointments.
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/11/ngo-challenges-attempt-to-extend-cj-malabas-tenure/">NGO Challenges Attempt To Extend CJ Malaba’s Tenure</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/04/08/police-stall-probe-into-2018-crash-involving-cj-malabas-vehicle/">Police Stall Probe Into 2018 Crash Involving CJ Malaba’s Vehicle</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/02/13/luke-malaba-who-is-due-for-retirement-in-may-wants-constitution-amended-to-accommodate-him-report/">Luke Malaba Who Is Due For Retirement In May Wants The Constitution Amended To Accommodate Him – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/11/11/justice-ndewere-asks-ed-to-investigate-chief-justice-malaba/">Justice Ndewere Asks ED To Investigate Chief Justice Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/lawyers-fume-after-malaba-sat-on-an-appeal-against-his-ruling/">Lawyers Fume After Malaba Sat On Appeal Against His Ruling</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/the-judiciary-is-not-captured-ziyambi-defends-malaba/">The Judiciary Is Not Captured – Ziyambi Defends Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law</a></li>
</ul>
Both the extension of Malaba’s term of office and the adoption of the Constitutional Amendment Bill No.2 have been challenged at the courts.
Some analysts say Mnangagwa is making the changes to retain power in 2023 as courts might be instrumental as was the case in 2018 when the opposition MDC Alliance rejected the outcome of the presidential election.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

Malaba Term Extension: Mnangagwa's End Goal Is The Presidential Term - Mtetwa

Prominent women in Zimbabwe have expressed outrage after a teenager from Mudzi was charged with the murder of her would-be rapist.
Tariro Matutsa, 19, claims she was defending herself against a sexual predator but authorities have charged her with murder nevertheless triggering protests from lawyers and activists.
Tariro said she acted in self-defence when she picked up a piece of firewood and hit 40-year-old Sure Tsuro several times last month after he had exposed himself and aggressively demanded sex.
A police report says as Sure Tsuro approached, Matutsa grabbed a piece of firewood and struck him several times across his body, and twice over the head.

<ol>
<li><a href="https://news.pindula.co.zw/2021/06/10/mahere-speaks-on-girl-who-killed-her-would-be-rapist/">Mahere Speaks On Girl Who Killed Her Would-Be Rapist</a></li>
</ol>
Zimbabwean novelist and staunch feminist, Tsitsi Dangarembga said such cases made women ‘reluctant to protect themselves against sexual predators and harassers for fear of state and social backlash’. She said:
<blockquote>_This is yet another example of how women are seen as objects of male sexual pleasure and men’s general wellbeing in Zimbabwe. Even when a woman defended herself from a man whose intention is to violate her sexually, she is expected to put his wellbeing before her own._
_Now she is blamed for the consequences to the deceased’s family brought about by the deceased’s own behaviour._
_While I feel for the family, this kind of reaction is unfair and has the added unacceptable effect of making women reluctant to protect themselves against sexual predators and harassers for fear of state and social backlash._</blockquote>
Prominent lawyer Beatrice Mtetwa said needs to be revised so that police can have discretion when they look at the evidence. She added:
<blockquote>_It should also allow the magistrate to grant bail. But when they say it’s murder, then [the case] needs to go to the high court._
_It is painful because she [Matutsa] is an orphan. There is no one who will look out for her. Our women’s movements should do more to support these girls._</blockquote>
The Zimbabwe Women Lawyers Association and Women and Law in Southern Africa (WLSA) have offered Matutsa legal representation and counselling.
The 19-year-old spent a week in detention before being released on bail. She is due back in court on 23 July.
In February 2016, Benhilda Dandajena, a visually impaired domestic worker, grabbed a kitchen knife and fatally stabbed a fellow worker who was trying to rape her.
Dandajena was found guilty and sentenced to three years in prison, a year and a half of which was suspended.
More: <a href="https://news.pindula.co.zw">Pindula News</a>; <a href="https://www.theguardian.com/global-development/2021/jul/01/uproar-in-zimbabwe-as-teenager-who-fought-off-sexual-assault-charged-with">The Guardian</a>

Teenager Charged With Murder Of Would-Be Rapist Triggering Outrage

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The leader of opposition Transform Zimbabwe, Jacob Ngarivhume has said Zimbabwe urgently needs a transitional authority before the 2023 elections suggesting that top lawyer Beatrice Mtetwa should lead that interim government. In a statement, Ngarivhume said:
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_Zanu PF lacks the empathy and the seriousness to be allowed to continue. Reports of rampant corruption are filtering out of the Auditor General’s report and it is absolutely shocking what is going on._
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_Zimbabwe urgently needs a Transitional Authority to restore the rule of law and pave the way for 2023 elections. My first choice for someone to lead the interim council is the nation’s top lawyer- Beatrice Mtetwa._
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Commenting on his remarks, some said there was nothing to justify the establishment of a transitional authority.
Ngarivhume previously suggested that all opposition party leaders should ditch their parties and rally behind MDC Alliance leader, Nelson Chamisa if they were serious about dislodging the ruling ZANU PF from power.
Speaking in January, <a href="https://news.pindula.co.zw/2021/01/21/ngarivhume-prefers-chamisa-over-reviving-his-party/">Ngarivhume </a><a href="https://news.pindula.co.zw/2021/01/21/ngarivhume-prefers-chamisa-over-reviving-his-party/">said he would rather join forces with Chamisa than revive his own party</a> because the latter has more followers. He said:
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<div class="css-901oao r-18jsvk2 r-1qd0xha r-1blvdjr r-16dba41 r-ad9z0x r-bcqeeo r-bnwqim r-qvutc0" dir="auto" id="tweet-text" lang="en">Some people are asking me to revive Transform Zimbabwe- the political party I lead. But I believe now is the (time) for a new kind of mature politics.</div>
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<div class="css-1dbjc4n r-xoduu5">Nelson Chamisa leads the largest opposition party. By virtue of that, he deserves our support.</div>
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<div>Zimbabwe had another transitional authority in 2009 known as the government of national unity (GNU) after violence had rocked the nation following the widely disputed 2008 elections.</div>
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<div>The GNU paved way for the 2013 elections and registered some modicum of economic recovery in the country and for that reason, some believe such an interim government is still necessary.</div>
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<div>Prospects of a transitional authority led by Mtetwa are however slim as Zimbabwe is already gearing for approaching the 2023 elections.</div>
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<div>More: <a href="https://news.pindula.co.zw">Pindula News</a></div>
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Zimbabwe Urgently Needs A Transitional Authority Led By Mtetwa - Ngarivhume

Top lawyers, Beatrice Mtetwa and Eric Matinenga have approached the Constitutional court in a fresh bid to have former Chief Justice Luke Malaba thrown out of the office.
They argue that the Constitutional amendments, the basis upon which Malaba’s term was extended, are unconstitutional and, therefore, are null and void.
The lawyers, in concert with another key human rights attorney Valerie Ingham-Thorpe and legal think-tank Veritas, have filed a Constitutional Court application suing Malaba and President Emmerson Mnangagwa, arguing that “both Constitutional Amendment Act No. 1 of 2017… and Constitutional Amendment Act No. 2 of 2021 are unconstitutional”
Parliament is also cited in the lawsuit, which argues that the two sets of amendments are “inconsistent with the provisions of Section 117(2) (b) [of the charter], which requires that Parliament make laws for the peace, order, and good governance of Zimbabwe.”
In a joint founding affidavit filed through Tendai Biti’s law firm, Matinenga argues:
<blockquote>_I aver and contend that the changes made in Constitutional Amendments No. 1 and 2, which allow the president to now solely appoint the Chief Justice and the Deputy Chief Justice, as well as extending the term of office of Constitutional Court Judges beyond the age of 70 as well as allowing current sitting judges of the Supreme Court and the Constitutional Court to benefit from the extension of the term of retirement from 70 to 75 is bad law which is against the principle of good governance of Zimbabwe espoused in the Constitution of Zimbabwe._</blockquote>

<ol>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/06/03/update-on-malabas-contempt-of-court-case/">UPDATE On Malaba’s Contempt Of Court Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/06/03/malaba-unsure-as-he-skips-swearing-in-of-judges-magaisa/">Malaba “Unsure” As He Skips Swearing-In Of Judges – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/29/17-supreme-con-court-judges-appeal-high-court-ruling-on-malaba-case/">17 Supreme, Con-Court Judges Appeal High Court Ruling On Malaba Case</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/19/luke-malaba-case-government-appealed-to-wrong-court-magaisa/">Luke Malaba Case: Government Appealed To Wrong Court – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/ill-unleash-proof-ziyambi-on-judiciary-capture/">“I’ll Unleash Proof,” – Ziyambi On Judiciary Capture</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/justice-minister-ziyambi-facing-the-chop-report/">Justice Minister Ziyambi Facing The Chop – Report</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/16/well-oppose-any-appeal-against-malaba-ouster-lawyers/">We’ll Oppose Any Appeal Against Malaba Ouster – Lawyers</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/things-might-get-little-messy-if-malaba-appeals-magaisa/">Things Might Get Little Messy If Malaba Appeals – Magaisa</a></li>
<li><a href="https://news.pindula.co.zw/2021/05/17/magaisa-says-mnangagwa-could-appoint-a-cj-worse-than-malaba/">Magaisa Says Mnangagwa Could Appoint A CJ Worse Than Malaba</a></li>
</ol>
Matinenga, a former Minister of Constitutional and Parliamentary Affairs (GNU era) also opposed the removal of the running mate clause saying it was a further breach of Section 117(2) (b) of the Constitution.
The five-year extension of Malaba’s term by Mnangagwa beyond his retirement age was ruled illegal by the High Court on May 15 but Malaba quickly returned to work arguing the government had appealed.
This prompted lawyer <a href="https://www.pindula.co.zw/Musa_Kika">Musa Kika</a> and the Young Lawyers Association of Zimbabwe to press contempt of court charges saying Malaba had failed to honour the judgment.
The matter was heard last week and the ruling is pending.
More: <a href="https://news.pindula.co.zw">Pindula News;</a> <a href="https://www.zimlive.com/2021/06/08/top-lawyers-mtetwa-matinenga-launch-latest-concourt-bid-to-oust-malaba/">ZimLive</a>

Top Lawyers Mtetwa, Matinenga In Bid To Oust Malaba

The Judicial Service Commission (JSC) has commenced investigations into its secretary Walter Chikwana over his alleged meeting with one of the judges assigned to hear Chief Justice Luke Malaba’s contempt of court case.
Top human rights lawyer Beatrice Mtetwa wrote to JSC on 4 June 2021 calling for Chikwana’s investigation and suspension.
This was after Justice Webster Chinamhora last Thursday recused himself from the matter saying he had met with Chikwana prior to the court sitting.
Responding to Mtetwa in a letter dated 7 June 2021, acting Chief Justice Elizabeth Gwaunza said the JSC has started investigations into Chikwana’s conduct. Justice Gwaunza wrote:
<blockquote>On the instructions of the Honourable Chief Justice L. Malaba, please be advised that the Judicial Service Commission has commenced investigations into the matter concerning the meeting you referred to as well as the concerned judge’s recusal from the case in question.
This is being done in accordance with the relevant regulations and procedures.
Kindly also note that the issue of the JSC Secretary Mr Chikwana, deposing to affidavits on behalf of the JSC in various litigation, is currently the subject of an appeal before the Supreme Court.</blockquote>
After Justice Chinamhora’s recusal, the proceedings had to continue with only two judges, Justices Amy Tsanga and Sylvia Chirawu-Mugomba who reserved judgment to this week.
Malaba is embroiled in a legal fight to keep his job after the High Court ruled that his term of office expired last month when he turned 70.
Attempts by President Emmerson Mnangagwa to extend his term were adjudged a legal nullity.

Chief Justice Luke Malaba Orders JSC To Investigate Chikwana's Conduct

Human rights lawyer Beatrice Mtetwa has written to Acting Chief Justice Elizabeth Gwaunza asking the Judicial Service Commission (JSC) to investigate the actions of its secretary Walter Chikwana.
Chikwana allegedly attempted to influence a judge to rule in favour of Chief Justice Luke Malaba in the ongoing Contempt of Court case.
Pindula News publishes Mtetwa’s letter, dated 4 June 2021, to Justice Gwaunza below:
<blockquote>Re: INVESTIGATIONS INTO THE CONDUCT OF THE JSC SECRETARY MR WALTER CHIKWANA
I write to you as a concerned lawyer who runs a largely litigation practice. On the 3rd June 2021, it transpired that MR CHIKWANA had met one of the judges who was seized with a matter in which MR CHIKWANA had an interest as he had deposed to an affidavit in the proceedings with which the judge was seized. The judge admitted that he had indeed met with MR CHIKWANA and recused himself from the case.
Apart from this incident, it also appears that MR CHIKWANA has, in various other litigation, deposed to affidavits purportedly on behalf of the Judicial Service Commission when in fact the Commissioners would not have authorized him to do so.
If proved to be correct, these would be grave and serious allegations against the administrative head of the JSC and this would severely dent the integrity of the Commission as an institution designed to promote the “efficient, effective and transparent administration of justice in Zimbabwe” by an independent and accountable judiciary.
Given these grave allegations against MR CHIKWANA, and given the Commissioners’ constitutional obligations, and the Commission’s stated objectives of adhering to “best practice, to promote the maintenance of a transparent, accountable and independent judiciary” as stated in the Commission’s website, I request that these allegations against MR CHIKWANA be independently investigated and that such investigations be done whilst he is on leave of absence and provided for in the relevant JSC disciplinary legislation.
I emphasize that this would be in the best interests of not only the Commission but the entire justice delivery system which must have the confidence of the people of Zimbabwe.
I also advise that these are views shared by many legal practitioners that I have spoken to.
I, therefore, look forward to your early response to this request.
Yours faithfully
BEATRICE MTETWA 
SENIOR PARTNER 
MTETWA &amp; NYAMBIRAI
cc. The President, Law Society of Zimbabwe 
cc. The Chairperson, Zimbabwe Anti-Corruption Commission 
cc. All Commissioners – 
Honourable Mr Justice C.E. Bhunu, JA, Supreme Court, Harare Advocate P. Machaya – Attorney General’s Office</blockquote>

Lawyer Beatrice Mtetwa Wants Probe Into Chikwana's Conduct

Journalist Hopewell Chin’ono’s lawyers were on Wednesday blocked by police from addressing journalists at the Harare Magistrates Courts.
Chin’ono’s lawyers Beatrice Mtetwa, Gift Mtisi and Doug Coltart were in the midst of updating journalists of what had transpired in court when they were interrupted by riot police and ordered to disperse.
Mtetwa however, told the police that it was not justified for them to disrupt them because they were not engaging in any violent activity. She said:
<blockquote>Why are you here when we are simply addressing journalists peacefully?
You are armed with a baton stick as if there is violence here, but it is just a mere address to the Press. Why do you have to behave like that?</blockquote>
Chin’ono appeared before the Magistrates Court for the ruling on the exception that he had raised through his lawyers to the charge of inciting violence.
Magistrate Vongai Guwuriro, who is handling the matter, was not available to make her ruling.
The matter was postponed to the 26th of May 2021 at 2:15 pm.
Chin’ono faces charges of incitement to commit public.
Chin’ono pleaded not guilty and excepted to the charges on the basis that they do not disclose an offence.
<h4>More: <a href="https://www.newsday.co.zw/2021/05/chinono-lawyers-blocked-from-addressing-journalists/" rel="noopener" target="_blank">NewsDay</a>, <a href="https://zimbabwe.misa.org/2021/05/20/ruling-on-exception-postponed-in-chinono-matter/" rel="noopener" target="_blank">Misa Zimbabwe</a></h4>

Police Block Chin'ono's Lawyers From Addressing Journalists

Prominent Zimbabwean lawyer Beatrice Mtetwa has said the <a href="https://www.pindula.co.zw/Constitutional_Amendment_Bill_No.2">Constitutional Amendment Bill No.2</a> is a slap in the face of democracy as it seeks to reverse the views expressed by the <a href="https://news.pindula.co.zw/2019/12/20/full-text-the-intention-to-amend-the-constitution-is-quite-frankly-illiterate-nonsense-advocate-thabani-mpofu/">people who voted for the constitution on 16 March 2013.</a>
Mtetwa speaks when the Senate has endorsed the Constitutional Amendment Bill albeit <a href="https://news.pindula.co.zw/2021/04/28/what-mwonzora-said-on-the-running-mate-clause/">opposition from the opposition MDC-T senators, </a>and on other platforms, from other stakeholders.
The Bill, among other things, seeks to scrap the running mate clause to <a href="https://news.pindula.co.zw/2021/04/28/mdc-t-senators-reject-constitution-amendment-bill-no-2/">gives the president the powers to choose his or her own deputies after elections.</a>
It also gives the president the authority to <a href="https://news.pindula.co.zw/2021/04/29/mwonzora-denounces-over-concentration-of-power-in-the-president/">appoint the Chief Justice and deputies</a>, a situation that will greatly compromise the judiciary, experts say.
<a href="https://news.pindula.co.zw/">Watch the video below for more.</a>
 
<div class="wp-video" style="width: 640px;">
<video class="wp-video-shortcode" controls="controls" height="360" id="video-203617-1" preload="metadata" width="640"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/04/Beatrice-Mtetwa.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/04/Beatrice-Mtetwa.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2021/04/Beatrice-Mtetwa.mp4</a></video></div>

Prominent Lawyer Beatrice Mtetwa Speaks On Constitutional Amendment Bill No. 2

Prominent lawyer, Beatrice Mtetwa has told the State to stop abusing her client Marry Chiwenga the estranged wife of Vice President Constantino Chiwenga.
Mtetwa argued in court after the State had opposed her ap<a href="https://zero.pindula.co.zw/an-unwell-marry-mubaiwa-chiwenga-being-forced-to-attend-trial-report/">plication for postponement of trial</a> in a case Marry is accused of assaulting her domestic worker.
Marry and her lawyers had applied for the postponement of the trial on the basis that she was undergoing a complex blood transfusion process and was, therefore, not fit to stand trial at the moment.
Prosecutor Charles Muchemwa opposed the application saying the State witnesses had been warned to appear in court yesterday and a move to postpone the matter would prejudice them.
Mtetwa told the court that the State was abusing Marry Chiwenga, saying the fact that a mere assault case was transferred to the regional court meant the case was not treated like other assault cases which are being heard at lower courts.
Harare regional magistrate Marehwanazvo Gofa, who is presiding over the case, postponed the matter to May 10.
Gofa said there was no dispute on the sickness of the accused and for her to receive a fair trial, she should be given a chance to heal.
Marry recently posted on social media platforms claiming that her husband the VP was abusing her using state machinery as a way to force her out of their marriage.
The former army boss is allegedly fed up with the former model whom he accuses of trying to kill him last year.
More: <a href="https://www.newsday.co.zw/2021/03/stop-abusing-marry-mtetwa-tells-court/">NewsDay</a>

Beatrice Mtetwa Tells State To Stop Abusing Marry Chiwenga

High Court Judge Justice Happias Zhou on Tuesday morning ruled that Magistrate Ngoni Nduna has no power to remove Beatrice Mtetwa as investigative journalist Hopewell Chin’ono’s lawyer, setting aside his ruling.
Nduna removed Mtetwa from the case in which Chin’ono is charged with inciting public violence through four posts he made on microblogging site Twitter before the foiled 31 July protests.
Justice Zhou reinstated Mtetwa back on the case after she had been removed by Nduna in August this year and also ruled that Nduna must recuse himself from the case.
In another ruling, High court judge, Justice Edith Mushore ordered the release of Chin’ono’s passport for 21 days so that he can travel to seek specialist medical attention in Gauteng, South Africa.
Chin’ono was arrested in July this year and spent close to two months at Chikurubi Maximum Security Prison on charges of inciting public violence.
His lead lawyer Douglas Coltart said that Chin’ono’s reporting conditions have been suspended for 21 days but the condition is just that he can travel to South Africa for specialist medical care.

Hopewell Chinon'o Gets Mtetwa And Passport Back

Marry Mubaiwa-Chiwenga’s health condition has continued to deteriorate, her lawyer Beatrice Mtetwa told the court on Thursday when she appeared before Justice Benjamin Chikowero.
Mtetwa made the remarks while praying for the relaxation of her client’s bail conditions so that she can seek medical attention from South Africa.
The former model is suffering from lymphoedema, which has caused swelling of her arms and legs including severe puss dripping wounds which are giving her sleepless nights because of pain.
She is, however, unable to seek medication from South Africa as the state has her passport as part of her bail conditions in a case she is accused of money-laundering, attempted murder and assaulting a family maid. Mtetwa told the court:
<blockquote>Her wounds have worsened and we can bring her to court so that you can have sight of her wounds. They are also on her thighs, but she can’t show them to the public.
It’s so difficult that she has to move around with a machine that drains liquids and puss from the wounds and a container which collects the discharge.</blockquote>
Following her submission, Justice Chikowero demanded that Marry be brought to court for him to see the wounds physically.
The state is afraid that Marry might abscond because she has links in South Africa. Meanwhile, the state has since written to the health permanent secretary to confirm whether she can have treatment in Zimbabwe or not.
Mtetwa told the court that the state should not be worried because Zimbabwe has Extradition Treaty with South Africa.
She also said that the fact that Marry’s husband with whom she is locked in a nasty divorce is the minister of Health means that the permanent secretary cannot give an independent opinion especially when he has not examined the applicant.
Mtetwa added that Marry was already receiving treatment from South Africa when she was arrested adding that a local health practitioner confirmed that Zimbabwe had no specialists to treat her condition.
More: <a href="https://www.newzimbabwe.com/marry-mubaiwas-condition-deteriorates/" rel="noopener noreferrer" target="_blank">NewZimbabwe</a>

Marry Chiwenga's Condition Deteriorates - Mtetwa

CBZ Bank has reportedly froze the bank accounts of Vice President Chiwenga’s estranged wife, The News Hawks exclusively revealed. Among the accounts frozen without a legal basis, are 5 company accounts which Marry needs access to in order to sustain herself and foot her medical bills because she is seriously ill.
Marry’s lawyers have written to the CBZ Bank notifying them that their conduct was unlawful but the bank has reportedly ignored them. In a letter seen by the publication addressed to CBZ Borrowdale Branch dated 12 March 2020, Marry’s lawyers Mtetwa and Nyambirai said:
<blockquote>We are instructed that since her well-publicised fallout with her husband, Vice-President Chiwenga, she has been unable to transact on this account (Matfield Investments Nostro) and despite many requests for an explanation, no one has been forthcoming from yourselves or your superiors at head office.
Regrettably, this behaviour is not limited to your branch as all her attempts at transacting on all accounts she previously used with ease have met a similar fate. The only conclusion she has come to is that the decision not to process transactions is synchronised and has been taken by the bank. We advise that your conduct is unlawful and should cease forthwith as there has been no form of due legal process to bar our client from transacting on the account.</blockquote>
Marry’s lawyers wrote another letter to the CBZ Bank CEO but they told The News Hawks that the letters were ignored:
<blockquote>They ignored the letters because they know they do not have any legal basis to freeze the accounts. Right now she has no independent source of sustenance. There was no order, and no one has brought out a freeze order because it would have been served to her.</blockquote>
Marry this week was brought to court in a stretcher bed after the magistrate ordered that she be brought to court for trial. <a href="https://news.pindula.co.zw/2020/12/04/marry-mubaiwa-sets-up-a-twitter-account-to-pour-her-heart-out/">Marry today opened a Twitter account</a> and told the publication that she intends to use the account to pour her heart out and share her thoughts with the world.

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