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By Daniel Kachere
High Court judge Justice Benjamin Chikowero Thursday afternoon reserved his judgment to grant temporary release of Marry Mubaiwa’s passport after she made an urgent application for its release.
Mubaiwa is seeking the release of her passport to enable her to undergo treatment for a rare skin disease (Lymphodaema) in South Africa
While addressing Mubaiwa’s lawyer, Beatrice Mtetwa, Justice Chikowero stated that he was no medical expert and thus could not determine her degree of illness.
“Even if I were to observe her, I’m not medically qualified to determine her degree of illness,” Chikowero said.
Mtetwa submitted that despite Mubaiwa being a suspect in a criminal offence, it did not take away her basic rights including the right to medical treatment where one desires.
Furthermore, she queried the rationality of a letter attached by the State addressed to Secretary for Health and Child Care (Air Commodore Jasper Chimedza) seeking an opinion regarding the way forward in Mubaiwa’s illness.
She stated that the move was unfair as Chimedza’s principal was Vice President Constantino Chiwenga, Marry’s husband.
“The State has attached a letter addressed to the permanent secretary of the ministry of Health and Child Care (MoHCC) seeking further explanation on the disease or if there are any facilities that can treat her locally.
“Mubaiwa is the current wife of the current minister of Health and Chimedza is a military man falling under the command of the minister of Health. Mubaiwa cannot take anything from MoHCC as independent,” she said.
The State led by Sharon Fero, stated that it was alive to constitutional obligations such as the right to a fair trial and Mubaiwa’s presumption of innocence but feared that she could abscond as she has strong ties in South Africa.
She said the State also feared that she could interfere with investigations as some medical practitioners in South Africa were potential suspects with regards to her attempted murder charge. Nhau/Indaba
