A Zimbabwean magistrate has ordered the release of Marry Mubaiwa from remand after she spent seven years facing an attempted murder charge involving her former husband, Vice-President Constantino Chiwenga.
The decision followed the court’s rejection of a request by the prosecution to postpone the proceedings by one month to allow it to engage witnesses.
Harare Magistrate Musaiona Shotgame declined the application, noting the prejudice Mubaiwa had suffered during the prolonged trial, including its impact on her mental, physical and financial well-being. The case had been approaching the stage where Chiwenga was expected to testify. However, proceedings were thrown into uncertainty after the magistrate previously handling the matter was elevated to the High Court.
Mubaiwa’s lawyer, Beatrice Mtetwa, welcomed the decision but described it as a victory that had come too late, arguing that her client’s rights had been undermined by the lengthy delay. Mtetwa said the proceedings had stalled for approximately 22 months because Chiwenga, the complainant, had repeatedly failed to attend court. She questioned why no arrest warrant had been issued despite his continued absence.
The lawyer also pointed to the constitutional principle of equality before the law, arguing that Mubaiwa’s continued detention on remand for seven years was unjustifiable. Mubaiwa also expressed relief following the ruling, praising her legal team for its efforts throughout the proceedings.
The attempted murder case dates back to 2019, when Chiwenga accused his then-wife of interfering with his medical treatment while he was hospitalised in South Africa.
During earlier court proceedings, former Deputy Health Minister John Mangwiro, who was Chiwenga’s personal doctor, testified that Mubaiwa allegedly removed an intravenous tube inserted into the Vice-President’s chest. Mangwiro told the court that he heard Chiwenga cry out in pain, prompting medical personnel to intervene. He said the situation was contained before serious harm occurred.
Mubaiwa has faced several criminal proceedings since the breakdown of her marriage to Chiwenga in 2019.
The former couple married under customary law in 2011 and have three children together. Their relationship deteriorated while Chiwenga was receiving medical treatment in South Africa, eventually leading to divorce proceedings.
The latest ruling marks a significant development in a case that has remained before the courts for years. However, Mubaiwa’s release from remand should not be confused with an acquittal on the attempted murder charge.
