Marry seeks ruling enforcement against Chiwenga
VICE President Constantino Chiwenga’s estranged wife Marry, pictured, has filed an application seeking to implement a High Court order allowing her access to her children, matrimonial home and cars pending the hearing of an appeal filed by her husband.
Marry and Chiwenga are embroiled in an acrimonious divorce that has seen the two trading accusations and counter-accusations, among them, drug abuse and witchcraft.
Marry — who is facing fraud, attempted murder, externalisation and money laundering charges — was recently released on $50 000 bail and was denied access to the matrimonial home, cars and children by Chiwenga.
She approached the court and access was granted to her last Friday.
However, the Vice President wasted no time in filing an appeal at the Supreme Court challenging the ruling, rendering the ruling in favour of Marry useless.
Marry in her application yesterday accused Chiwenga of abusing court processes for personal gains.
She insisted that Chiwenga’s appeal had no prospects of success as it was “vexatious and mala fide”.
“The respondent filed a notice of appeal immediately after the handing down of judgement in HH127/2020.
“Its effect was that I could no longer be able to enforce the judgement and more specifically I could … spend time with my minor children at the matrimonial home.
“There is need to protect the honourable court from the respondent’s unholy abuse of court processes.
“I maintain that I will suffer severe and irreparable prejudice if leave to execute is to be refused and I aver that the respondent does not have any prospects of success on appeal whatsoever, in any event, there is no irreparable harm to be suffered by him if leave to execute pending appeal is granted.
“To achieve substantial justice, I pray that the application should be allowed,” Marry said in her court papers.
She said Chiwenga was using the appeal as a strategy to buy time.
Marry also highlighted that her legal practitioners wrote a letter to all state security officials concerning the abuse of State powers by Chiwenga, which he has not challenged in his affidavit.
“It stands to reason that respondent cannot be allowed to continue having custody of the children on the basis that he unlawfully awarded himself the custody of children and it comes down to a question of what is in the best interests of the minor children.
“I aver that it is not good for the children to be separated from their mother and their siblings, until such a time when the appeal is determined.”
Marry also added that no harm would be occasioned on Chiwenga if she was permitted to continue staying at their matrimonial home.
“I do not have any place to go, I have been a squatter in other people’s houses and this jeopardises my freedom in light of my bail conditions and it is convenient for me to continue residing at our matrimonial home,” she said.