Zimpapers Logo

Senior Court Reporter

LAWYERS representing Marry Mubaiwa yesterday told the court that her health had deteriorated tremendously that she had to be ferried to court in an ambulance before being wheeled into the courtroom for a ruling on her application for jurisdictional exception.

Ms Beatrice Mtetwa told the court that Mubaiwa could not comprehend court proceedings and requested that the ruling be deferred to another date, hoping that she would have required.

Mubaiwa appeared before Harare regional magistrate Mrs Feresi Chakanyuka on attempted murder charges.

Yesterday, Mrs Chakanyuka was supposed make a ruling on Mubaiwa’s application where she challenged the eligibility of the court to preside over her matter saying it has no jurisdiction.

She argued that the alleged offence occurred in South Africa and the court had no jurisdiction to hear matters that occurred across Limpopo.

The State led by Mr George Manokore, in its response, said the alleged conduct had adverse effects on the country, as it was allegedly done on its Vice President, leaving South Africa with no interests in the matter.

Mr Manokore said the matter was wholly or partially committed in Zimbabwe, leaving the court with jurisdiction to preside over the matter.

He also told the court that South Africa proved that it had no interests in the matter after assisting Zimbabwe with extra-territorial investigations.

The court allowed the deferment of the matter to August 19 after the State consented to Ms Mtetwa’s request to have the matter deferred pending Mubaiwa’s recovery.

The court also cancelled Mubaiwa’s warrant of arrest which was issued last week after she failed to appear in court for the same ruling.

It is the State’s allegations that Mubaiwa entered into the hospital where VP Chiwenga was admitted.

The court heard that she then unlawfully removed the Vice President’s medical Intra Venous Giving Set as well as the Central Venous Catheter from him, resulting in him bleeding profusely.

It is further alleged that she forced him off the bed, held his hand, and moved him out of the ward.

The State alleges that Mubaiwa was intercepted by the security personnel, she had initially locked out of the room prior to incident.

Security personnel are said to have called the hospital staff to reconnect the medical equipment she had allegedly unlawfully removed.

The Vice President was successfully resuscitated with Mubaiwa said to have disappeared from the hospital.

It is the State’s case that VP Chiwenga, prior to his admission in hospital, Mubaiwa detained him at a top hotel in Pretoria and denying him medical attention.

Her actions prompted security team to force their way into the hotel and took him to hospital.

Upon his re-admission Chiwenga had the two medical instruments inserted and was placed under 24-hour monitoring by the doctors and his security personnel as he was helpless, the court heard.