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Nyore Madzianike Senior Court Reporter

HARARE magistrate Mr Lazini Ncube will on March 29 decide whether Marry Mubaiwa is guilty or not on allegations of misrepresenting that Vice President Constantino Chiwenga consented to solemnise their marriage during the time he was ill.

Yesterday, the State led by Mr Michael Reza indicated that written closing submissions would be filed on February 22 with Mubaiwa expected to file her submissions on March 11.

This was after Mubaiwa, through her lawyer Ms Beatrice Mtetwa, closed her defence case.

Mubaiwa, however, lost her last minute bid to take her matter to the Constitutional Court after the court dismissed her application.

Through Ms Mtetwa, Mubaiwa told the court that she wanted to take the matter to the Concourt saying her right to remain silent was being violated after the court allowed the State to put questions to her during the defence case.

Mubaiwa chose to remain silent in her defence case and argued that she was not compelled to answer State questions.

She argued that no evidence was placed on record during her defence case, which the State wanted to question her on.

“We want the matter to be referred to the Constitutional Court. She is not compelled to answer any question as she chose to remain silent.

“As a judicial officer you have an obligation to safeguard that right. To make her answer questions undermines her right to a fair trial,” said Ms Mtetwa.

Magistrate Mr Ncube said Mubaiwa was not compelled to answer any question as she chose to remain silent, but the State had a right to ask her questions.

Mr Ncube then asked the State to put questions to her.

Mr Reza, appearing for the State then put questions, which Mubaiwa did not answer.

“In your defence outline, the issues of the wedding were discussed and agreed to on July 2, 2011, immediately after payment of lobola.

“If that is so, why did you not bring your mother to say that indeed your former husband asked for a wedding.

“Why did you not ask any other person who was present at the marriage ceremony to come and testify to that effect,” asked Mr Reza.

Mr Reza said the reason why Mubaiwa failed to call any of those present at the lobola paying ceremony was because she was lying, that issues were never discussed.

“You heard the complainant saying while in India he was so sought he didn’t know what was happening.

“If he was lying, why did you not put that to him,” asked Mr Reza.

“In your defence outline you were misleading the court by saying your former husband and Justice Chiweshe are friends.

“Both of them testified that they are not friends. Colonel Murasi said you instructed him to pay US$15 000 while in India, clearly you knew the complainant was too sick to conduct such business.

“You took advantage of a very sick man. You wanted to have this wedding at your house because you wanted a way of cheating a marriage officer by going into the bedroom where the complainant was and then come out with signed documents and purport that he had signed . . .  would you like to comment?

“You knew that your former husband did not want to wed you and when he was in a coma, that is when you strategised to have him wed you for your own selfish ends,” asked Mr Reza.

Mr Reza questioned Mubaiwa on who was the custodian of the identification particulars that were used in preparation of their wedding.

He also asked how the particulars ended up in the hands of the marriage officer who was to solemnise their wedding.

“Who was the custodian of your identity documents for you and your complainant.

“Do you dispute that you were the custodian. As the custodian, how did these documents end up at Justice Mutevedzi office?

“Mr Chikwana testified under oath that he asked you to submit those documents and you did, do you dispute that.

“Why were you sending that if it was not for the purported wedding,” he said.