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Nyore Madzianike Senior Court Reporter

HARARE magistrate Mr Lazini Ncube is today expected to decide on whether Vice President Constantino Chiwenga will testify against his estranged wife Marry Mubaiwa in an open court when her trial continues as the prosecution has applied for the public to be excluded in order to protect the Office of Vice President.

Mubaiwa is facing allegations of lying that Vice President Chiwenga consented to solemnisation of their marriage at a time he was ill June 2019.

Yesterday, the State applied that members of the public be barred from attending the on-going trial when the Vice President has been summoned as a witness.

Mr Tafara Chirambira, who is appearing for the State along with Mrs Netsai Mushayabasa and Mrs Tendai Shonhai, said in their application that they want to protect the Office of the Vice President.

The prosecution is not privy to what the Vice President might say in his testimony, hence the need to protect his office, as his testimony concerns his private life, not his official duties.

“We would like to make an application in terms of the Court and Adjudication Authorities (Publicity Restriction) Act. 

“We are seeking an order that seeks to say part of the proceedings shall not be publicly disclosed.

Mr Chirambira told the court that neither Mubaiwa nor the State would suffer any prejudice if the Vice President testified in camera.

Mubaiwa, through her lawyers led by Ms Beatrice Mtetwa, opposed the application arguing allowing Vice President Chiwenga to testify in camera violated his estranged wife’s right to a fair public hearing.

Ms Mtetwa also argued that allowing Vice President Chiwenga to testify in camera would damage the public’s confidence in the judicial system and that such a procedure went against the dictates of servant leadership where leaders are expected to lead by example.

“The rule of law means that all people are equal before the law and there is no need to give the Vice President special treatment. 

“The trial has been in public and cannot be just in camera because the VP is coming. This will put the court into utter disrepute and will be viewed as not being independent, but subject to the whims of ruling elite, partisan and deferring to political power. 

“The public will view as the fate of the accused has been sealed by virtue of giving VP special treatment,” she said.

In response Mr Chirambira said the right to fair trial will be guaranteed, but the right to public trial had limitations.

Magistrate Mr Ncube is expected to make a ruling on the State’s application today.

An investigating officer from the Zimbabwe Anti-Corruption Commission, Peter Masimba, yesterday testified.

He told the court that Mubaiwa made a misrepresentation when she supplied her identification particulars to court officials for preparation of the marriage certificates when she knew that Vice President Chiwenga had not consented.