Chiwenga abusing power: Marry

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VICE President Constantino Chiwenga’s estranged wife, Marry, has insisted that she has a right to stay at their Borrowdale Brooke matrimonial home, accusing her husband of abusing power and seeking to seize the property through the back door.
The parties agreed to have the matter postponed to next week to enable Marry to provide an alternative address in the interim pending the finalisation of another case pending before the High Court, dealing with the issue of the matrimonial house.
This comes at a time it has also emerged that Chiwenga allegedly caused the cancellation of Marry’s diplomatic passport without her knowledge.
The revelations were made in Marry’s response to an application filed by the National Prosecuting Authority (NPA), which is seeking an order for the alterations of her bail conditions.
Marry — who is facing fraud, attempted murder, externalisation and money laundering charges — is currently out of custody on $50 000 bail.
As part of her bail conditions, Marry was ordered to reside at number 614 Nick Price Drive, Borrowdale Brooke, Harare, surrender her diplomatic passport, report to Borrowdale Police Station once every two weeks and not to interfere with State witnesses.
However, the NPA wants her to find an alternative accommodation, arguing she could not stay at the same house with Chiwenga, who is a State witness in the attempted murder charge.
It further wants her to report to the police once every week, as opposed to once per fortnight as well as surrender two other passports.
In her response, Marry said she has no alternative place to stay, as the Borrowdale property is their matrimonial home and has been staying there since 2011.
She said Chiwenga’s desire to evict her from the property is also a subject matter in another pending case before the High Court. She said Chiwenga has not been staying at the matrimonial property since he returned from China where he had been receiving medical treatment.
The former model, who is represented by lawyers from Mtetwa & Nyambirai Legal Practitioners, also said that the State should have noticed in the first place that she was living at the same place with Chiwenga, even though he was not physically staying at the property.
She said the issue of residence had never been raised during the initial bail hearing.
She said Chiwenga is the one, who is supposed to find an alternative place to stay, as she is entitled to stay at the matrimonial home.
Adding that Chiwenga should have offered her alternative accommodation at number 5 Rosary Close, Quinnington, which forms part of the matrimonial estate.
“Bail conditions should never be imposed as punishment and in order to favour one party over the other. What the State ought to be seeking is the maintenance of the position which prevailed when the respondent was arrested,” she said.
She further said she has two passports only, a diplomatic one, which she submitted to the court and another regular one, which is in Chiwenga’s possession.
She, however, said she has since learnt that the diplomatic passport has since been cancelled under unclear circumstances.
“She has learnt of the cancellation of the diplomatic passport in this application as the cancellation was not advised to her and no due legal process was followed in the cancellation, confirming that the complainant has captured State institutions which are behaving as if she has been found guilty of crimes.
“Courts are not in the habit of rewarding those who undermine the law and justice delivery system and the criminal proceedings ought not to be abused to fight personal battles,” she said.

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