Zimpapers Logo

Nyore Madzianike Senior Court Reporter

MARRY Mubaiwa yesterday chose to remain silent after the court put her to her defence to explain herself on allegations that Vice President Constantino Chiwenga had consented to solemnise their wedding after it dismissed her application for discharge at the close of the State case.

Magistrate Mr Lazini Ncube, in dismissing her application, said there were issues she needed to explain that arose when State witnesses testified during her trial.

Through her lawyer Mrs Beatrice Mtetwa, Mubaiwa chose to remain silent and closed her defence case without saying a word.

“The accused chose to remain silent in her defence case. She will not be compelled to answer questions from the State, court or anyone. She has decided to remain silent,” said Ms Mtetwa.

The State led by Messrs Tafara Chirambira and Michael Reza told the court that Mubaiwa will still be subjected to questioning by the State despite her decision to remain silent.

Mr Chirambira said the procedure required that she be subjected to questioning by the State despite her decision to remain silent.

He said the State wants its questions to be placed on record despite the fact that she will remain silent.

“As a matter of procedure, we will proceed to put questions to her,” said Mr Chirambira. “If she decides not to answer, the questions will be placed on record.”

Mr Ncube will on February 10 rule on whether the State will question Mubaiwa in her defence case or not.

In dismissing Mubaiwa’s application, Mr Ncube said: “It is clear that at the time when the accused approached the first witness she spoke on behalf of the complainant who the first witness never spoke to when she said they wanted to solemnise the wedding.

“So, even when the complainant said that he never consented to have their marriage solemnised and that even during the payment of lobola he had never asked for a wedding.

“Can it be said that the accused presented correct information to the first witness when she said: ‘Uncle I would like to solemnise our marriage with your muzukuru’.

“Can that not be regarded as a false statement that was made when the complainant said he never consented? I think it is a question that needs an answer.”

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

Mubaiwa allegedly submitted copies of their national identity documents to then Judge President without the knowledge and consent of the Vice President.

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.

He, as the highest ranking marriage officer in the judiciary, 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 judiciary 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 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 Vice President Constantino GDN 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 on July 2, 2019, Justice Mutevedzi, as the marriage officer, went to Borrowdale Brooke to solemnize 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 master Jeweller at Alpha Jewellery situated in Newlands, Harare to manufacture two 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 that 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.