High Court Judge Justice Benjamin Chikowero reportedly dismissed Marry Chiwenga nee Mubaiwa’s application to have her bail conditions reviewed so that she can travel to South Africa for treatment, H Metro reports.
According to the publication, Justice Chikowero dismissed Mubaiwa Chiwenga’s application on the basis that she did not present the court with adequate information to warrant her bail conditions alteration.
The judgment releasing Marry Chiwenga ‘s application reads in part:
Applicant has placed inadequate information before the court to warrant alteration of her bail condition. In the result, the application is dismissed.
She has produced neither medical reports nor other medical records to substantiate her assertion that she had failed to obtain the care that she needs in this country.
I only have Mr Makarawo’s letter, written on November, 6, 2020.So there is that gap in the evidence. What I have before me by way of Mubaiwa’s application is one sided.
It is true the National Prosecution Authority concedes that she is unwell, it is true also that she needs treatment, but that cannot be the end of the matter.
Indeed papers from her own doctors contain some grey areas. Mr Makarawo first attended to her on November 6, 2020.
He diagnosed her with lymphoedema and recommended that she be treated in South Africa because he believes that there are specialists there. I have already rejected his assertion that there are no lymphoedema specialists in Zimbabwe.
Dr J van Heerden might have been treating Mubaiwa before her arrest on December 4, 2019, but no evidence was placed before me to prove that he or she attended to her since then
Earlier this month, photos of Marry Chiwenga ‘s hands with very large wounds circulated and she drew sympathy from people on social media who speculated that she is being persecuted by her former husband VP Chiwenga.
More: H Metro