Besides the attempted murder charge, Marry is also facing serious accusations of money laundering, externalisation and fraud, over which she is currently out on bail of $50 000.
Chiwenga’s lawyer, Wilson Manase, confirmed the South African development to the Daily News yesterday.
“First of all, a crime was committed in South Africa and the South African police got an interest in the docket.
“They then pursued those allegations and are in the process of investigating the case. The South African police will call for witnesses to give statements,” he said.
However, he flatly denied accusations that Chiwenga had decided to file the police case in South Africa when it became apparent that local courts had no jurisdiction to try a matter that was allegedly committed in a foreign land.
“Not at all. In terms of the law, if a matter is committed in South Africa, which has an effect in Zimbabwe, it can be tried in either of the two countries.
“There are case laws to that effect,” he told the Daily News.
On her part, Marry’s lawyer Beatrice Mtetwa, while also confirming the South African development, had earlier said that Chiwenga had lodged the attempted murder charge there against his estranged wife.
“Our legal colleagues in South Africa have told us that he reported the case last Saturday. Other than that I have no further information pertaining to the said report,” she said.
In Zimbabwe — where Marry is already on bail over the same attempted murder allegation — the State has said that the charge arose after Chiwenga was airlifted to South Africa for medical attention on June 22 last year, after his health deteriorated dramatically.
The State is further alleging that Marry had forced Chiwenga to stay at Sheraton Hotel in Pretoria for 24 hours — thus denying him access to needed medical treatment.
It further says on June 23, 2019, Marry allegedly kept on denying Chiwenga access to medical treatment and the security team in the end had to force their way in, to take him to Netcare Hospital.
“During the time when the complainant was admitted at the hospital, he (Chiwenga) was helpless and would rely on medical staff and the security personnel.
“On July 8, 2019 at about 20:00 hours, the accused came to the hospital with the intent to cause serious harm to the complainant,” the State is alleging.
“She (Marry) ordered the security personnel to excuse her, alleging that she wanted privacy with the complainant.
“The security personnel went outside leaving the accused together with the complainant inside the ward.
“Whilst alone with the complainant, accused unlawfully removed the medical intra-venous giving set (equipment), as well as the central venous catheter which were inserted to the complainant, and the complainant started bleeding profusely,” prosecutors allege further.
“The accused forced the complainant off the bed, held him by the hand and moved out from the ward before being intercepted by the security personnel at the exit door.
“The hospital staff were called by the security personnel and they re-connected the intra-venous giving set and the central venous catheter, and resuscitated the condition of the complainant.
“The accused disappeared from the hospital after the hospital staff was alerted by the security personnel. The accused had no right whatsoever to act in the manner she did,” the State adds.
However, while applying for bail at the High Court, Marry denied the allegations and said while Chiwenga was in China — where he was receiving further treatment — he even requested President Emmerson Mnangagwa to arrange for her to travel to see him, adding that the vice president had also allegedly sent US$30 000 for her personal upkeep and use.
Marry said all this happened after the alleged attempted murder, adding that this was not synonymous with the State’s claims that she wanted to kill her husband.
The former model also argued then that if the claims that she wanted to kill Chiwenga were true, the case could have been reported to the police in South Africa.
“Surely, a serious incident such as an attempt on the life of a sitting vice president with its potential to embarrass relations would have been reported in South Africa and investigated promptly. In her state, the applicant is alleged to have ‘disappeared from the hospital’.
“How this could have happened, without the aid of magic is not stated in the Form 242. Worse, is the fact that she returned home to Zimbabwe after taking her husband for further care.
“She did not ‘disappear’ but stayed at the matrimonial home, for six months before charges were then brought contemporaneously with the filing of divorce proceedings.
“One is reminded of the saying that surely when a hyena wants to eat its children, it first accuses them of smelling like goats,” Marry said.
She also said that there was no report from the doctors who allegedly attended to Chiwenga and resuscitated him when she reportedly removed the intra-venous giving set and the central catheter.
“This is impossible because such reports do not exist, for the simple reason that the incident did not occur as alleged or at all.
“No doctor who respects his professional standing will be made to perjure himself.
“Laughable is the so-called last exhibit. The State says it has a ‘photograph’ of a bloodied T-shirt that the vice president was wearing.
“Surely an exhibit of that nature, despite it being merely of circumstantial relevance would have been kept and safeguarded.
“A photograph of a bloodied T-shirt remains a photograph, it proves nothing and cannot override primary evidence,” Marry said.
She also said that she was still nursing wounds that she had suffered from an attempt on President Emmerson Mnangagwa’s life during a bombing incident at White City Stadium in Bulawayo in 2018.
She said further that in her health condition she would not have been in a position to drag a “whole army general” from a hospital bed as alleged by the State.