SUPREME COURT DENIES MARRY PASSPORT


Marry Mubaiwa’s application to get her passport back to travel to South Africa for medical treatment has been denied by the Supreme Court.

The court said she was likely to abscond trial. Justice Tendai Uchena said evidence produced in court showed Mubaiwa had strong connections in South Africa and it was risky to free her without other forms of security to convince the court that she will not abscond.

“The appeal is dismissed with no order as to costs. An applicant for variation of bail conditions in circumstances where variation removes the safeguards intended to ensure that he or she will stand trial, must offer other forms of security in substitution of those to be suspended if variation is to be granted.

“If the bail conditions are temporarily altered without substitution, they will severely weaken the possibility of her standing trial. The appellant did not offer any security in substitution of the conditions to be varied.

“In this case, the appellant is alleged to have bought two houses in South Africa. She is alleged to have bought three motor vehicles, two of which were registered in her name in South Africa. She is alleged to be the sole shareholder of her South African company. She is alleged to have furnished one of the houses she bought in South Africa. Charges preferred against her are serious. The strength of the charges preferred against her offers a strong incentive for her to abscond.

Mubaiwa is facing multiple charges of attempting to kill her ex-husband, Vice President Constantino Chiwenga, assaulting her maid, money laundering and fraud involving more than US$1 million.

She had approached the Supreme Court seeking relaxation of her bail conditions through contesting an earlier High Court decision turning down her bid to get her passport.

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