HARARE – Mary Mubaiwa is mentally unstable and incapable of taking care of her three young children, Vice President Constantino Chiwenga declared on Monday while appealing a High Court order giving custody to the former model.
Three Supreme Court judges – Deputy Chief Justice Elizabeth Gwaunza, Justice Paddington Garwe and Justice Chinembiri Bhunu – heard the appeal and reserved judgement after hearing arguments from the estranged couple’s lawyers.
“She wants to have the children but she personally submitted a medical affidavit that stated that she was mentally unfit and needed to visit the doctor frequently which may not be prudent under the circumstances.,” Chiwenga’s lawyer Advocate Uriri told the court.
“The doctor concluded that Mubaiwa should be under the care of a physician, a surgeon and a psychiatrist.”
High Court judge Christopher Dube-Banda berated Chiwenga in a stinging judgement in which the judge accused the vice president of abusing his powers.
The judge gave Chiwenga 48 hours to return the three children aged eight, six and five to Mubaiwa, but he immediately appealed the ruling.
Chiwenga argues that Justice Banda was overzealous to an extent that he forgot to entertain the case Mubaiwa had brought before him: an order of spoliation on the basis that Chiwenga had abducted the children.
Uriri described Banda’s ruling as a “lyrical piece” full of nothing to do with the spoliation order sought by Mubaiwa.
In response, Mubaiwa’s lawyer Advocate Zvikomborero Nyamakura insisted that Mubaiwa has a privilege to be the custodian of the couple’s children as their biological mother .
Nyamakura defended Mubaiwa saying despite having a medical affidavit saying she needed medical attention, the doctor did not conclude that she was incapable of taking care of her children.
The former model who is out on bail pending trial is facing attempted murder, fraud, assault and money laundering charges. Chiwenga caused her arrest last December after claiming she attempted to kill him in a South African hospital last July.
Chiwenga has filed for divorce from Mary, who in turn is demanding a huge slice of his fortune.
