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Senior Court Reporter
THE court will next week rule on whether it has jurisdiction to preside over Marry Mubaiwa’s case in which she is alleged to have attempted to kill her former husband Vice President Constantino Chiwenga when he was hospitalised in South Africa in 2019.
This was said by Harare regional magistrate Mrs Feresi Chakanyuka yesterday, where she announced she will make the ruling on August 5.
Mubaiwa is charged with attempted murder.
Yesterday, Mubaiwa applied for jurisdictional exception, asserting that Mrs Chakanyuka had no jurisdiction to preside over the matter since the alleged offence occurred in South Africa.
Through her lawyer, Ms Beatrice Mtetwa, Mubaiwa argued the matter should be prosecuted in South Africa. Ms Mtetwa argued that South Africa should extradite Mubaiwa, if need be, since the two countries have an existing Extradition Treaty.
The State led by Mr George Manokore and Mr Lancelot Mutsokoti told Mrs Chakanyuka that she had jurisdiction to preside over the matter since parties involved were Zimbabweans and it was the country and its citizens who had more interest in the matter.
Mr Manokore said the net effect of Mubaiwa’s alleged conduct had adverse effects on the country, as it was allegedly done on its Vice President, leaving South Africa with no interests in the matter.
He said the matter was wholly or partially committed in Zimbabwe, leaving the court with jurisdiction to preside over the matter.
“This court has jurisdiction to hear the trial,” said Mr Manokore. “The accused and complainant are Zimbabweans and at the time of alleged commissioning of the crime, the complainant was and is still Vice President of Zimbabwe.
“The harmful effect was felt in Zimbabwe, meaning it is Zimbabwe with interest.”
Mr Manokore told the court that South Africa proved that it had no interests in the matter after assisting Zimbabwe with extraterrestrial investigations.
Ms Mtetwa, in her submissions, insisted that the alleged offence had not occurred in Zimbabwe.
“There is no dispute that the alleged crime did not take place in Zimbabwe,” she said. “There is no allegation in the charge sheet or State outline as to how a court in Zimbabwe would assume jurisdiction in a matter that occurred outside its territory.”
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