Harare(New Ziana) – The Supreme Court on Monday postponed to mid-week an appeal hearing in the case in which Vice President Constantino Chiwenga wants a High Court ruling giving his estranged wife Marry Mubaiwa custody of the couple’s children, and access to their matrimonial home, quashed.
The couple is divorcing over irreconcilable differences, and each wants custody of their three minor children.
Last month, the High Court awarded Mubaiwa custody of the children, and also allowed her access to the couple’s Borrowdale matrimonial home.
VP Chiwenga, who currently has custody of the children, appealed against the ruling in the Supreme Court, arguing, among other things, that the children could be exposed to drug abuse if allowed to live with Mubaiwa.
In the meantime, Mubaiwa was thrown in remand prison at the weekend over a separate case in which she is accused of assaulting the children’s maid last month.
Her incarceration could have a huge bearing on the custody case.
Apart from the new assault case, Mubaiwa also faces a string of other charges, including alleged attempted murder of VP Chiwenga, for which she has been granted bail.
In postponing Monday’s hearing, the Supreme Court said this was to allow Mubaiwa to respond to VP Chiwenga’s appeal, and re-set the matter for Wednesday.
Mubaiwa spent the greater part of last December, including Christmas, in custody facing several charges, among them fraud, money laundering and externalisation.
She is accused of flouting the country’s exchange control regulations by allegedly externalising hefty sums of money to South Africa, and also of fraudulently trying to upgrade her customary marriage to a civil one without VP Chiwenga’s knowledge or approval.
She was granted bail, and awaits trial on these charges.