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Nyore Madzianike Senior Court Reporter

DOCTOR Simukai Percy Machawira, who said in court that Marry Mubaiwa was physically fit to stand trial, is today expected in court to make clarifications on certain issues that Harare magistrate Mr Lazini Ncube wants to know before making a decision on whether her trial commences.

Mubaiwa is facing charges of violating the Marriages Act after allegedly lying that Vice President Constantino Chiwenga had consented to legally marry her.

Last week, Mubaiwa, through her lawyer Ms Beatrice Mtetwa, applied for a postponement of the matter to allow her to be examined by another doctor to ascertain her well-being.

It is alleged that sometime in 2019, Mubaiwa made a false representation to former Judge President Justice George Chiweshe that VP Chiwenga had consented to wed under the Marriages Act Chapter 5:11 on July 2, 2019, at their Borrowdale home in Harare.

Mubaiwa allegedly submitted copies of their national identity documents to Justice Chiweshe without the knowledge and consent of the VP.

Justice Chiweshe then contacted the then Chief Magistrate, Justice Munamato Mutevedzi, to look for a magistrate to solemnise the marriage.

Justice Mutevedzi allegedly directed that the necessary forms, including the marriage certificate form be completed

As the highest ranking marriage officer in the Judiciary, he decided to preside over the wedding ceremony as the marriage officer.

It is said that national identity documents were forwarded to him.

Justice Mutevedzi, upon noticing that the passport size photos and address of the parties were not included, he contacted the Secretary of the Judicial Service Commission, Mr Walter Chikwana, who in turn contacted Mubaiwa with the request.

Mubaiwa allegedly sent the requested items, which were then delivered to Mr Chikwana, who forwarded them to Justice Mutevedzi for the completion of registration process.

When Mubaiwa was doing this, VP Chiwenga was seriously ill and had not consented to the marriage and did not want their marriage solemnised, according to the State.

It is said that the marriage certificate MR No: 0222402 was prepared and on the marriage certificate, the marriage was between Constantino .DN.Chiwenga and Marry Mubaiwa.

On June 22, 2019, the two went to South Africa where VP Chiwenga was to receive emergency medical attention as he was critically ill.

It is said that July 2, 2019, Justice Mutevedzi, as the marriage officer, went to Borrowdale Brooke to solemnise the marriage with all the necessary documents for the marriage to take place. He, however, failed to get access to the house.

Investigations revealed that in preparation for the wedding, Mubaiwa had already engaged Michael Louizidis, a jeweller at Alpha Jewellery situated in Newlands, Harare, to manufacture two white gold and diamond wedding rings, according to the State.

Mubaiwa also allegedly told her personal assistant Nyarai Bwanya about the wedding plans and asked her to prepare for the marriage ceremony.

It is said on July 4, 2019, Justice Mutevedzi cancelled the completed marriage certificate forms and the applications for marriage licence as required by law to show that the marriage did not take place.

Yesterday, Mubaiwa was ordered to return to court on October 26 on another matter she is charged with money laundering.

The matter was postponed after Mubaiwa and State agreed that they wait for today’s outcome to determine whether the matter will commence or not.

“The medical report tendered only deals with physical as opposed to her mental capacity particularly taking into account that she is on six mind altering drugs.

“Before Mr Ncube the doctor was called to explain the effect of the drug she was taking on her capacity to follow the rigors of a trial mentally.

“The doctor indicated that that would require someone qualified to do that. After hearing argument, your brother reserved his decision and on Friday asks for clarities with doctors and matter was postponed to tomorrow (today) for that purpose.

“Our discussion with prosecutor, we agreed that the matter be postponed pending decision on her capacity to stand trial,” said Ms Mtetwa.

Magistrate Mr Noel Mupeiwa then deferred the matter to October 25.