The custody case between Vice President Constantino Chiwenga and his estranged wife Marry Mubaiwa-Chiwenga took a new turn on Monday.
Chiwenga’s lawyers, Advocate Lewis Uriri, contended that the High Court had erred in granting Marry custody of the three minors after she had conceded that she had mental issues while applying for bail.
They submitted before Deputy Chief Justice Elizabeth Gwaunza and Justices Paddington Garwe and Chinembiri Bhunu that Justice Dube-Banda (High Court Judge) should not have granted Marry custody considering that she had not applied for it.
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Marry’s lawyer Advocate Taona Nyamakura, who was being assisted by Advocate Sylvester Hashiti, conceded that Justice Dube-Banda granted a spoliation order which had not been sought by his client but urged the court to correct and make an amendment to the High Court order.
Advocate Uriri further said Marry would not have sought custody of the minor children considering that she had previously submitted a letter from the doctor, during her bail application, saying that she was a psychiatric patient thereby casting doubt on her mental capacity.
Nyamakura responded saying Marry never mentioned that she was not able to stay with her children.
Justice Gwaunza reserved judgment on the matter.