VICE President Constantino Chiwenga’s estranged wife, Marry, lost her application to be allowed access to her matrimonial Borrowdale home, pending the hearing of a Supreme Court appeal filed by her husband.
Marry — who is facing fraud, attempted murder, externalisation and money laundering charges — is currently out of custody on bail.
Her application was made after she was barred by Chiwenga, through the use of the army, from accessing their matrimonial home in Borrowdale Brooke, Harare, soon after she left remand prison.
As part of her bail conditions, Marry had been ordered to reside at the Borrowdale matrimonial home.
After being barred from the property, Marry, however, went back to court seeking to execute the order pending the hearing of Chiwenga’s appeal.
High Court judge Owen Tagu yesterday dismissed the application, before slapping Marry with the cost of suit.
“The order (in Marry’s favour) must remain not operational until the appeal is finalised,” Tagu said.
The matter had also been settled with another order by High Court judge Pisirayi Kwenda, after an application for variation of bail conditions by the National Prosecuting Authority (NPA).
Kwenda agreed with the State, before ordering Marry to stay in Glen Lorne, Harare with her mother.
“The respondent’s husband, who is the complainant in the attempted murder case, is living at the matrimonial home. I only became aware of that through this application. I would not have allowed a situation where the parties live under the same roof and expect them to peacefully co-exist under one roof especially considering that there is a pending attempted murder case against the respondent.
“I therefore find that it is in the interests of justice to vary the accused person’s residence on the two bail orders under the circumstances. Consideration must be given that the respondent cannot reside at two different addresses at the same time,” Kwenda said.
In her court papers, Marry had argued that Chiwenga had not been staying at the matrimonial property since he returned from China where he had been receiving medical treatment.
She 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.
Marry, who was represented by Mtetwa and Nyambirai Legal Practitioners, said the issue of residence had never been raised during the initial bail hearing.
“The State had statement from both sides, would have been aware of the common address, had the opportunity of engaging the complainant of where he was residing and intended to reside after the respondent’s arrest.
“If it deliberately failed to make such basic enquiries and make the necessary disclosures to the bail court, this cannot now be used to render respondent a person of no fixed abode,” she said.
She had told the court that Chiwenga was the one who was supposed to find an alternative place to stay, as she was entitled to stay at the matrimonial home.