VICE-PRESIDENT Constantino Chiwenga’s former wife, Marry Mubaiwa yesterday said she cannot be tried in Zimbabwe for an offence that was allegedly committed in South Africa.
In her application for exception to charges of attempting
to kill her former husband made through her lawyer Beatrice Mtetwa, Mubaiwa
questioned the Zimbabwe court’s jurisdiction of the matter which is alleged to
have happened in the neighbouring country in 2019.
“The offence with which the accused is charged allegedly
took place in Pretoria, South Africa, an area well outside the territorial
jurisdiction of this court,” Mubaiwa submitted.
“No element of the offence is alleged to have taken place
within the court’s jurisdiction, nor does the section under which the accused
has been charged have extra-territorial operation which would clothe the court
with jurisdiction.
“The accused contends that from the State’s allegations,
the alleged offence was wholly committed outside the borders of Zimbabwe and
there is no allegation or other legal contention that the alleged offence had
impact or intended impact on Zimbabwe which would clothe the court with the
necessary jurisdiction.
“There is, therefore, nothing before the court which
clothes it with jurisdiction and the court is obliged to decline jurisdiction.”
Harare magistrate Florence Chakanyuka will deliver her
ruling on August 5. George Manokore was representing the State.
Allegations are that on June 22, 2019, Chiwenga was
airlifted to South Africa for emergency medical attention.
He was in the company of Mubaiwa and his security team,
including Health and Child Welfare deputy minister John Mangwiro.
It is alleged that upon arrival, Mubaiwa forced Chiwenga to
stay at Sheraton Hotel in Pretoria for more than 24 hours without taking him to
hospital, resulting in his health worsening.
Chiwenga’s security details claims to have forcibly taken
him to Netcare Hospital in Pretoria where was subsequently admitted in the
intensive care unit under the care of one Dr Sieling.
Weeks later, he was transferred to a private ward within
the same hospital where he was subjected to 24-hour monitoring by the hospital
medical team and his security personnel.
On July 8, 2019, at about 8pm, Mubaiwa allegedly told the
security team to leave the private ward, indicating that she wanted privacy
with the VP.
Mubaiwa allegedly removed the life support instruments,
forced Chiwenga off the bed and tried to flee but was intercepted by security
personnel.
After the alleged incident, Chiwenga was flown to China for
further treatment and returned to Zimbabwe after he had fully recovered where
he lodged charges against Mubaiwa.
Mubaiwa was recently convicted of trying to forge a
marriage certificate with Chiwenga. She is also facing assault and
money-laundering charges. Newsday
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