Harare, January 24, 2020 (New Ziana) – Marry Mubaiwa, the estranged wife of Vice President, Constantino Chiwenga on Friday won a court
battle for the custody of their children as well as access to the pair’s matrimonial home.
The couple are divorcing over a range of issues, including Mubaiwa’s alleged attempted murder of her husband while he was admitted gravely ill in a South African hospital last year.
The battle for custody of the children is separate from a string of other court cases Mubaiwa is facing, for which she is out on bail.
She wanted to be granted custody of the children, and to be allowed to live at the couple’s Borrowdale home awaiting trial, something VP
Chiwenga vehemently opposed.
He instead, petitioned the court to allow him to retain custody of the children, alleging Mubaiwa was an unfit parent, citing, among other
things, the children’s possible exposure to drug abuse if transferred to their mother.
The two parties made their submissions in the case on Tuesday to Justice Christopher Dube-Banda, who reserved judgment.
But in the judgement released on Friday, Justice Banda granted Mubaiwa custody of their three minor children as well as access to the
matrimonial home among a range of other orders made in her favour.
“The respondent (VP Chiwenga) is hereby ordered to restore the custody of the minor children…to the custody of the applicant (Marry Mubaiwa)
within twenty-four hours of this order,” Justice Banda ruled.
Justice Banda also directed that Mubaiwa be not “interdicted or restrained” from accessing and using their matrimonial home in Borrowdale and other property in Domboshava.
Mubaiwa was also granted access to motor vehicles that the couple previously shared.
“Respondent is interdicted and restrained from denying or refusing applicant access and or possession of her clothing,” Justice Banda
VP Chiwenga was also ordered to pay the costs of the suit.