Fungai Lupande Court Reporter
Former MDC-T Mabvuku/Tafara MP, Timothy Mubhawu is mentally ill and has absconded medication, the court heard last week. The prosecutorMs Patience Chimusaruapplied to have Mubhawu examined by two medical practitioners to ascertain his mental status before his domestic violence trial opens. However, it was not clear for how long the former legislature suffered from the disease of the mind.
In her application, Ms Chimusaru said: “The State is proceeding in terms of Section 26 of the Mental Health Act, which gives power to the magistrate to order examination of the accused. “Subsection 2 (1) of the Act orders the accused to surrender himself for examination and treatment. The reason for the application is that at one point Mubhawu suffered from a mental illness and he was taking medication. It seems he absconded taking medication and this information was availed by his wife, who is the complainant in this matter.”
Ms Chimusaru added that she is of the view that Mubhawu’s coming in and out of court is caused by his condition. Mubhawu’s lawyer, Ms Concellia Maheya, consented to the application and undertook to take her client for examination and treatment.
The matter was postponed to August 4, pending Mubhawu’s results. Mubhawu (55) appeared before Harare magistrate Ms Nomsa Sabarauta and is accused of breaching a protection order.
Ms Chimusaru alleged that on May 24 this year, Mubhawu’s wife, Molleen Elizabeth, applied for a protection order. After two days, Mubhawu was served to attend court on June 21 but the couple did not show up.
It is alleged that on June 6, Molleen went back to the civil court and was given another court date, August 1. The court heard that on July 11, Molleen went to Rhodesville Police Station and reported that Mubhawu had chased her away from their matrimonial home. She is now staying with relatives.
On the same day, Mubhawu escorted their housemaid, Mupangai Tsamwa Chamapiwa, to report an assault charge against Molleen. Mubhawu was given protection order papers to sign, but he refused.