The High Court has thrown out an application by Marry Mubaiwa seeking a permanent stay of proceedings in a case where she is accused of attempting to murder her former husband, Vice-President Constantino Chiwenga.
Justice Jacob Manzunzu ruled against Mubaiwa’s application, which had cited Harare regional magistrate Feresi Chakanyuka and the Prosecutor-General as respondents, saying the arguments raised lacked merit.
In his ruling, Justice Manzunzu said the purpose of an investigation is to establish the truth and determine whether there had been unreasonable delays in the matter. He noted that a court could rely on either a formal or informal inquiry, depending on the circumstances.
He added that where the court record already contains all the necessary facts, there is no need for oral evidence, as the matter can be adequately determined from the documents before the court.
The judge also ruled that the magistrate had properly considered issues relating to delays both before and after the commencement of trial proceedings. He said higher courts should only interfere in limited circumstances and found no gross irregularities in the handling of the matter.
Justice Manzunzu further observed that the delays in the case were largely linked to Mubaiwa’s need for medical treatment, which prevented the trial from proceeding.
Mubaiwa had approached the High Court seeking a review of Magistrate Chakanyuka’s earlier decision dismissing her application for a permanent stay of prosecution.
She was arrested in December 2019 and later filed the application in November 2024 under Section 167A of the Criminal Procedure and Evidence Act, arguing that there had been excessive delays in concluding the criminal case.
However, the National Prosecuting Authority opposed the application, maintaining that the postponements were not caused by the State.
In her earlier ruling, Magistrate Chakanyuka concluded that the delays stemmed mainly from Mubaiwa’s circumstances rather than prosecutorial conduct.
Mubaiwa had argued that the magistrate committed procedural irregularities by dismissing her request without carrying out what she described as a mandatory investigation under the law.
She also challenged the finding that only delays primarily attributable to the State could justify a permanent halt to prosecution.
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