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Photo: Twitter / @daddyhope
A Zimbabwe high court has ordered the release of the estranged wife of the country’s vice-president and former military chief.
The decision overturns an order by a lower court to jail Marry Mubaiwa pending an assessment on her mental fitness to stand trial for fraud.
Ms Mubaiwa accuses her husband, Constatino Chiwenga, who was a key figure in the overthrow of former president Robert Mugabe, of trying to intimidate her in an ongoing divorce and custody battle.
The high court judge described the decision to detain Ms Mubaiwa for 10 days pending a mental assessment as “capricious and arbitrary”.
High Court lashes magistrate Lazini Ncube as Marry Mubaiwa freed
▪️ Decision to jail vice president’s estranged wife for purposes of mental exam ‘capricious’ and ‘arbitrary’, say judgeshttps://t.co/PUe0kEAdOv
— ZimLive (@zimlive) November 22, 2021
The former beauty queen is accused of fraudulently obtaining a marriage certificate without her then husband’s knowledge.
She is facing a slew of other charges including attempting to kill her husband and money laundering. She denies all the charges.
Ms Mubaiwa, who has been wheeled into court on a stretcher bed and displayed large gaping wounds on her body, says she is suffering from anxiety and requires medical treatment abroad.
Previously doctors have given conflicting reports about her fitness to stand trial.
The High Court of Zimbabwe in Harare has set aside Magistrate Lazini Ncube’s decision to detain in prison Marry Mubaiwa-Chiwenga for medical examination calling the decision “capricious” and “arbitrary”.
Marry Mubaiwa-Chiwenga was represented by Beatrice Mtetwa and Doug Coltart. pic.twitter.com/K3D5CISp8R
— Hopewell Chin’ono (@daddyhope) November 22, 2021
Lawyers for Marry Mubaiwa, the estranged wife of VP Constantino Chiwenga are filing an urgent application after magistrate Lazini Ncube sent her to prison for 10 days so that State doctors can ascertain whether she is fit for trial.
A Harare psychiatrist had said she is not fit. pic.twitter.com/II05sCWFXt
— Hopewell Chin’ono (@daddyhope) November 16, 2021
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