Mubaiwa files Supreme Court appeal
Chief Court Reporter
Marry Mubaiwa has filed an appeal at the Supreme Court challenging a High Court decision refusing to release her passport to enable her travel to South Africa for treatment.
She is facing a string of criminal charges including attempted murder, money laundering, fraud and assault.
The former super model wants to travel to South Africa urgently to seek medical treatment as her health has reportedly deteriorated.
She is suffering from an ailment known as lymphoedema, which causes swelling of hands and legs.
On Wednesday, Mubaiwa filed her appeal at the superior court against the High Court decision dismissing her application for alteration of bail conditions.
She had sought the temporary release of her passport to be allowed to travel to SA for medical attention and relaxation of her reporting conditions during her absence from Zimbabwe.
But Justice Benjamin Chikowero dismissed Mubaiwa’s application.
In his ruling the judge also rejected Mubaiwa’s contention that there are no lymphoedema specialists in the country and held that her application contained some grey areas.
In addition, the court held that Mubaiwa failed to demonstrate that her condition had deteriorated and was in need of urgent treatment across the Limpopo to warrant alteration of her bail conditions.
In her appeal, through her lawyers, Mtetwa and Nyambirai, Mubaiwa insists that the variation of her bail conditions should be allowed, arguing that she is in constant pain, has grossly swollen feet, hands and large open wounds as detailed by her local doctor.