Zimbabwe: Marry Mubaiwa Convicted
MARRY Mubaiwa was yesterday convicted of breaching the Marriages Act by lying that Vice President Constantino Chiwenga consented to marry her under the Act, upgrading their unregistered customary union at a time the VP was hospitalised in India.
She will be sentenced today with the State seeking a custodial sentence, arguing that she deliberately committed the offence out of greed and not out of love as she claims.
On the other hand, her defence is seeking leniency and proposing a steep fine of at least ZW$20 000. Defence lawyer Ms Beatrice Mtetwa said the option of community service was not possible since Mubaiwa was in poor health and in danger of having an arm amputated. She also averred that a jail term would affect her health.
“The court must balance the interests of society against those of the accused person,” said Ms Mtetwa as she urged the court to ignore the status of the complainant, VP Chiwenga.
“The need to avoid imprisonment remains paramount in the sentence. It is not for retribution but to reform. Sending an ill person to jail does not serve that purpose. This is not a heinous offence,” argued Ms Mtetwa.
She said Mubaiwa was a first offender, undergoing medical attention and seeing a specialist every Tuesday.
“Throughout trial she has been assisted in the dock because she cannot operate on her own or walk without assistance and sending her to jail would in fact be an attempt to fast track her condition which doctors are trying to manage. Daily management would not be possible if she is sent to jail. She will not be allowed the assistance of her mother or her assistant in jail. She has fallen, not just at home, but at court even while being assisted,” said Ms Mtetwa.
She claimed that Mubaiwa was financially incapacitated after her bank accounts were frozen and having been in hospital for a long time has left her family financially constrained.
“Her wrong can be compensated by a fine of $20 000 as no one was harmed. It was an act of love which ought not to be punished,” Ms Mtetwa said.
She said Mubaiwa did not act out of greed as she and her children were in 2014 listed among beneficiaries of the Chawasarira Trust by Vice President Chiwenga.
The State, however, called on the court to impose a custodial sentence against Mubaiwa saying a fine would trivialise the offence.
“She misrepresented to a marriage officer, who is a judicial officer. She was very calculative and knew who to approach in the Judicial Service Commission. She started by the then president and later secretary of the JSC.
“She managed to secure particulars of her husband, who was bed ridden, which shows premeditation on her part. No one in love would act in that manner. Her actions were not motivated by love but greed,” said the State.
The State said Mubaiwa wanted to benefit from the estate of her husband, whom she thought was about to die, when she committed the offence.
“The fact that she is a first offender does not mean she does not deserve a custodial sentence. She started from the deep end and the court should not feel pity for her since she wanted a marriage officer to solemnise a wedding with a partner on his death bed,” said the State.
Harare magistrate Mr Lazini Ncube is expected to sentence Mubaiwa today.
By The Herald.
