HARARE – Ailing Marry Mubaiwa has been unable to secure a medical affidavit detailing the extent of her lymphoedema because doctors are terrified of her husband, the vice president Constantino Chiwenga who also doubles up as health minister, a court heard on Monday.
Mubaiwa’s lawyer Beatrice Mtetwa threatened to take off her bandages so that the court can have an appreciation of her condition – but Harare magistrate Noel Mupeiwa intervened and issued a court order compelling the doctors to submit a medical affidavit.
The arguments in court came as Mubaiwa sought the postponement of her trial for allegedly assaulting her former child minder by at least two months.
Mubaiwa is battling severe lymphoedema which has resulted in large open wounds on both arms.
Prosecutor Netsai Mushayabasa had refused to accept that Mubaiwa is too sick to stand trial without documentary proof by doctors treating her.
Mtetwa told the court that several doctors she has approached refused to give her a medical report saying they fear Chiwenga.
“She needs at least two months and hope her condition will improve for the trial to take place. The doctor who is attending to her said she must rest,” Mtetwa said.
“We’re quite happy to remove her bandages so that you can see the wounds. The state cannot make sensitive comments on the accused person who is not well. The insinuation that she is well can be cured by the removal of her bandages from the arm and her thigh to prove she is in pain and was operated on the thigh and left hand.
“The doctors fear her powerful husband. The accused person has absolutely nothing to gain for feigning illness. She is anxious to have this matter concluded.”
Magistrate Mupeiwa said removing the bandages would not be necessary.
“The court intervenes and hereby gives an order compelling the doctor to provide a medical affidavit. If he or she fails she will be in contempt of court. It is in the interests of the accused, society and justice. The order is given that she be examined and a report prepared,” said Mupeiwa.
Mupeiwa then postponed the matter to October 6, 2021.
Mubaiwa was charged with assaulting her former child minder Delight Munyoro, 37, at Hellenic School in Borrowdale in January last year.
Munyoro claimed Mubaiwa hit her on the cheek with the back of her hand after she arrived at the school demanding to see her two children who were taken by Chiwenga. Munyoro told police the blow loosened her teeth and left her with a cut on her lips.
Mubaiwa is currently on bail facing a slew of other charges including fraud, money laundering and attempted murder after Chiwenga claimed she tried to kill him at a South African hospital in 2019. The National Prosecuting Authority says it is not ready to go to trial on those charges because of delays in extra-territorial investigations.
