High Court Dismisses Marry Mubaiwa’s Bid to Halt VP Chiwenga Attempted Murder TrialHigh Court Dismisses Marry Mubaiwa’s Bid to Halt VP Chiwenga Attempted Murder Trial
The High Court has dismissed an application by Marry Mubaiwa seeking a permanent stay of criminal proceedings in her attempted murder case involving Vice-President Constantino Chiwenga.
Justice Jacob Manzunzu ruled against Mubaiwa after finding no merit in the arguments she raised in her bid to overturn an earlier ruling by Harare regional magistrate Feresi Chakanyuka.
Mubaiwa had cited Chakanyuka and the Prosecutor-General as respondents in the matter
Court Finds No Irregularities
According to NewsDay, Justice Manzunzu said the lower court had properly handled the matter and conducted the necessary inquiry before dismissing Mubaiwa’s application.
“The purpose of investigation is to get the truth of the matter,” said Justice Manzunzu.
He explained that a court may choose either a formal or informal inquiry when determining whether there has been unreasonable delay in criminal proceedings.
According to the judge, what mattered most was whether the court had adequately considered the factors outlined under Section 167A of the Criminal Procedure and Evidence Act.
“There is nothing wrong where the court feels factors in section 167A(2) cannot be realised without viva voce evidence, to call for such evidence,” he said.
Delay Linked To Medical Issues
Justice Manzunzu said the record already contained the remand history of the case, making a formal inquiry unnecessary.
Mubaiwa Challenged Magistrate’s Approach
In her application for review, Mubaiwa argued that Chakanyuka committed a gross irregularity by dismissing the permanent stay application without conducting what she described as a mandatory investigation under the law.
She also challenged the magistrate’s finding that only delays mainly attributable to the State could justify a permanent stay of prosecution.
However, the High Court ultimately upheld the magistrate’s ruling, clearing the way for the criminal proceedings to continue.Mubaiwa was arrested on December 14, 2019, and is facing attempted murder allegations involving her former husband, Vice-President Chiwenga.
In November 2024, she filed an application seeking a permanent stay of prosecution under Section 167A of the Criminal Procedure and Evidence Act, arguing that there had been unreasonable delays in concluding the criminal case.
The National Prosecuting Authority opposed the application.
On November 22, 2024, magistrate Chakanyuka dismissed the request, ruling that the delays were not caused by the State.
Following that decision, Mubaiwa approached the High Court seeking a review under provisions of the High Court Act and High Court Rules.
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