KEY POINTS

• Marry Mubaiwa’s attempted murder trial must restart after the magistrate handling the case was promoted to the High Court.

• Her lawyer, Beatrice Mtetwa, says Mubaiwa has spent nearly seven years on remand without the case being concluded.

• The court is expected to rule on her application for removal from remand on October 23, 2026.

Marry Mubaiwa’s attempted murder trial in Zimbabwe is set to begin afresh following the promotion of the magistrate who had been handling the case to the High Court.

The development means the former wife of Zimbabwean Vice President Constantino Chiwenga will have to continue defending herself against the charges, despite the case having reached an advanced stage after almost seven years on remand.

The change has disrupted the proceedings at the Harare Magistrates Court, requiring the State to prepare to present its case again before a new magistrate.

Mubaiwa has applied to be removed from remand, accusing prosecutors of repeatedly delaying the trial and prolonging her time in the legal process without a conclusion.

Lawyer challenges prolonged remand

Mubaiwa’s lawyer, Beatrice Mtetwa, told the court that her client had spent nearly seven years on remand without the trial being concluded.

The application challenges the continued delay and seeks to have Mubaiwa removed from remand while the legal proceedings remain unresolved.

The case has dragged on for years, with the latest development adding another setback to efforts to bring it to a conclusion.

Regional magistrate Musaiona Shotgame adjourned the matter until October 23, 2026, when a ruling is expected on Mubaiwa’s application.

State prepares to summon witnesses again

Prosecutor Lancelot Mutsokoti told the court that the State was locating witnesses and preparing to issue fresh summons to enable the trial to resume before a new magistrate.

The prosecution must reorganise its case following the elevation of magistrate Feresi Chakanyuka to the High Court bench.

Before the change, proceedings had progressed considerably, and Vice President Chiwenga was expected to testify after former deputy health minister John Mangwiro completed his evidence.

Mangwiro, who previously served as Chiwenga’s personal doctor, had already given evidence, placing Chiwenga next in line to appear as a witness.

However, the magistrate’s promotion has disrupted that sequence, forcing the prosecution to prepare for a fresh start.

Fresh proceedings prolong legal battle

The restart means the State will have to present its case again, potentially extending a legal battle that has already lasted close to seven years.

For Mubaiwa, the development comes as she challenges the length of time she has spent on remand and seeks relief from further delays.

The court’s expected ruling on October 23 will determine the immediate outcome of her application, although the trial itself faces the additional challenge of being restarted under a new magistrate.

The case remains a significant legal challenge for Mubaiwa, whose proceedings have continued for years without a final resolution.