Thursday, October 29

High Court Dismisses Marry Mubaiwa’s Bid to Halt VP Chiwenga Attempted Murder Trial

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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Home Equity Loan vs HELOC: How to Choose the Right Option

Homeowners who have built equity may consider borrowing against it for renovations, debt consolidation, education costs, emergency expenses, or major purchases. Two common options are a home equity loan and a home equity line of credit, known as a HELOC. Both use the home as collateral, but they work differently.

A home equity loan provides a lump sum upfront. The borrower repays it over a set term with regular payments. Many home equity loans have fixed interest rates, which makes budgeting easier. This option can work well for a one-time expense with a clear cost, such as a roof replacement, kitchen remodel, or debt payoff plan.

A HELOC is a revolving line of credit. Instead of receiving all the money at once, the homeowner can borrow as needed up to an approved limit during the draw period. Payments during the draw period may be interest-only or may include principal, depending on the agreement. After the draw period, the repayment period begins. HELOCs often have variable rates, which means payments can change.

The first decision is whether you need a lump sum or flexibility. If you know the exact project cost and want predictable payments, a home equity loan may be better. If costs will happen in stages or the amount is uncertain, a HELOC may provide more flexibility.

Interest rate structure matters. A fixed-rate home equity loan can protect against rising rates. A variable-rate HELOC may start lower but can become more expensive if rates increase. Some lenders offer fixed-rate conversion options on part of a HELOC balance. Ask how rate changes are calculated, whether there are caps, and what the maximum payment could be.

Fees should be reviewed. Home equity products may include application fees, appraisal fees, title fees, annual fees, early closure fees, recording fees, or inactivity fees. Some lenders waive certain fees but require the account to stay open for a minimum period.

Loan-to-value ratio is important. Lenders compare the total debt secured by the home to the home's value. Credit score, income, debt-to-income ratio, property type, and existing mortgage balance also affect approval. A strong credit profile and stable income may qualify for better terms.

The biggest risk is collateral. Because the loan or line is secured by your home, missed payments can create foreclosure risk. Do not use home equity casually for lifestyle spending. Borrow only when the purpose is clear and the repayment plan fits the budget.

Debt consolidation can be tempting because home equity rates may be lower than credit card rates. But converting unsecured credit card debt into debt secured by your home increases risk. If spending habits do not change, you could end up with the home equity payment plus new credit card balances.

Home improvements are a common use. Projects that maintain or improve property value may be more defensible than short-term spending. Still, not every renovation returns its full cost. Compare contractor bids, leave room for overruns, and avoid borrowing the maximum just because it is available.

Taxes can be complex. Interest deductibility rules depend on how funds are used and current tax law. Do not assume interest is deductible. Ask a qualified tax professional before making tax-based decisions.

When comparing offers, ask: Is the rate fixed or variable? What is the APR? What fees apply? What is the draw period? What is the repayment period? Is there a balloon payment? Can the lender freeze or reduce the line? Are there prepayment penalties? What happens if home value declines?

A home equity loan offers predictability. A HELOC offers flexibility. The right choice depends on project type, rate risk, cash flow, and discipline. Because both put the home at risk, the best option is the one that solves a real need with a repayment plan you can comfortably maintain.

Slip And Fall Lawyer: What To Do After Being Injured On Someone Else’s Property

A slip and fall accident can happen anywhere: a grocery store, restaurant, parking lot, apartment building, hotel, or workplace. While some falls are minor, others can cause broken bones, back injuries, head trauma, hip injuries, or long-term pain.

A slip and fall lawyer helps injured people pursue claims when unsafe property conditions caused the fall. These conditions may include wet floors, poor lighting, broken stairs, loose rugs, icy sidewalks, uneven pavement, or missing warning signs.

To have a strong claim, you usually need to show that the property owner knew or should have known about the dangerous condition and failed to fix it or warn people. Evidence is very important in these cases.

After a fall, take photos of the area, report the incident to the property owner or manager, get witness information, and seek medical attention. Do not rely only on memory because the dangerous condition may be cleaned up or repaired quickly.

Insurance companies may argue that you were not paying attention or that your shoes caused the fall. A lawyer can help push back against these arguments and investigate what really happened.

Compensation may include medical bills, lost wages, pain and suffering, physical therapy, and future care. If you were hurt because a business or property owner failed to keep the area safe, a slip and fall attorney may help you understand your legal options.