VICE-President Constantino Chiwenga’s ex-wife, Mary Mubaiwa, has lost her appeal against conviction and sentence for forging a marriage certificate to the retired general.
Mubaiwa is said to have forged the VP’s signature on a
marriage certificate in a bid to upgrade their customary union.
In April 2022, Harare magistrate Lazini Ncube convicted and
fined her $60 000.
Ncube suspended 12 months of her sentence, and removed the option
of community service because of ill health
Mubaiwa, who is represented by human rights lawyer Beatrice
Mtetwa, challenged her conviction and sentence.
High Court judges of appeal Justices Benjamin Chikowero and
Pisirai Kwenda dismissed her appeal.
“The legislated penalty for this offence ranges from a fine
not exceeding level 10 to imprisonment not exceeding five years or both such
fine and such imprisonment,” they said.
“The sentence imposed was wholly non-custodial. It fell
within the range set by Parliament.
“The trial court considered that the circumstances of the
case called for the need to reform the appellant as well as to deter her and
like-minded persons from committing similar offences.”
Kwenda and Chikowero said Mubaiwa's sentence did not induce
any shock.
“The portion of the sentence appealed against neither
shocks us nor is it marred by any misdirection,” they said.
“The mere fact that the offence is not prevalent cannot
mean that the trial court improperly exercised its discretion in deciding that
the addition of a wholly suspended twelve-month period was justified for
purposes of reforming the appellant as well as deterring her and other would-be
offenders.
“Sound reasons were given for imposing that portion of the
sentence.”
The lower court found her guilty of knowingly making a
false statement to then judge president George Chiweshe that the Chiwenga had
agreed to solemnise their marriage on July 2, 2019 at Number 614 Nick Price
Drive, Borrowdale Brooke, Harare.
The court heard that Chiweshe then communicated with chief
magistrate now judge Justice Munamato Mutevedzi to solemnise the marriage.
Mutevedzi offered himself as the marriage officer, oversaw
the preparation of the necessary paperwork and, on July 2, 2019 travelled to
the venue of the intended marriage in the company of the deputy secretary of
the Judicial Service Commission to preside over the wedding only to hit a brick
wall.
The supposed bride was attending to her husband in South
Africa. Standard
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