By Ziyah News Reporter
Mary Mubaiwa, the former spouse of Zimbabwe’s Vice-President Constantino Chiwenga, has formally requested a permanent stay of prosecution regarding her alleged attempted murder charge. Mubaiwa faces accusations of attempting to end Chiwenga’s life by disconnecting his life support while he was hospitalized in South Africa.
Her legal representative, Mrs. Beatrice Mtetwa, has filed the application under Case No. ACC 95/19. In the application, Mtetwa argues that the prolonged delays in the case violate the principles of justice. She contends that the ongoing proceedings have been unreasonably extended and that maintaining the case under these conditions would be unjust.
The request for a permanent stay of prosecution would effectively terminate the trial, a legal measure typically reserved for exceptional circumstances, such as extensive delays or if the defendant’s health is at risk.
Documents submitted to the court indicate that Mubaiwa’s health has significantly deteriorated. Mrs. Mtetwa emphasized this decline, stating, “The applicant’s health has materially deteriorated to an extent that it would not be in the interests of justice to persist with the criminal prosecution.”
This worsening condition reportedly complicates Mubaiwa’s ability to participate in the proceedings, reinforcing the necessity for a permanent stay.
The case has faced numerous delays and repeated postponements over the years, leading to the current situation.
During a recent court session, the State sought additional time to assess Mubaiwa’s application for the permanent stay. Magistrate Mrs. Feresi Chakanyuka has scheduled a ruling on this matter for November 22.