Supreme Court Judge Justice Elizabeth Gwaunza has set aside a High Court ruling by Justice Christopher Dube-Banda which granted Marry Mubaiwa custody of their three minor children. In his appeal Vice-President Constantino Chiwenga, through his lawyer Advocate Lewis Uriri told the Supreme Court that Mubaiwa could not get custody of their three minor children after she admitted she was mentally ill and in need of urgent psychiatric treatment.
Mubaiwa and Chiwenga have been embroiled in a custody battle after commencing their messy divorce proceedings last year. “My Lords and lady the applicant (Chiwenga) is worried that respondent (Mubaiwa) wants to have the children but she personally submitted medical affidavit that stated that she was mentally unfit and needed to visit the doctor frequently which may not be prudent under the circumstances.
“The doctor concluded that Mubaiwa should be under the care of a physician, a surgeon and a psychiatrist,” Chiwenga said.
The High Court in January had ordered Chiwenga to return children to his estranged wife and allow her access to their home in Borrowdale Brooke, Orchid property in Domboshawa and their cars.
Mubaiwa was charged last year of attempting to murder her husband, she was remanded in custody, spent Christmas and New Year holidays in custody.
She was granted ZWL 50 000 bail in January this year after she told the High Court that Chiwenga had asked President Emmerson Mnangagwa to make arrangements to have her sent to China, where he was being treated, and also gave her money.
On charges of externalisation of foreign currency, money laundering and fraud, Mubaiwa argued that the State had no reason to charge her, as the offences she was accused of were committed through her companies, where she was only a director.
Mubaiwa said the State was supposed to charge the companies and not her.