Mary Chiwenga Haapike Jeri Hapana Nyay A Judge Has Told Reporters

By Staff Reporter
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January 08, 2020

HARARE High Court judge Justice Pisirai Kwenda has dismissed the State’s assertion that Vice-President Constantino Chiwenga’s estranged wife, Marry Mubaiwa, who is facing fraud, money laundering and externalisation charges, is likely to face jail term if convicted
Justice Kwenda said the offences for which Marry spent the festive season in remand prison, are non-jailable considering the available sentencing options that were enacted by the legislature.
The judge made the remarks in his judgment yesterday while releasing Marry on $50 000 bail pending trial.
The court aquo (Deputy chief magistrate Chrispen Mberewere) misdirected itself on two grounds upon which it refused bail. Firstly, policy considerations do not override the Constitution.

“If anything, policy must be informed by the supreme law. The court aquo erred in considering irrelevant issues and failing to take into account relevant considerations.

Secondly, the appellant (Marry Chiwenga) does not risk imprisonment if convicted,” Justice Kwenda said.

Marry is accused of externalising funds to China and South Africa, where she reportedly bought
two houses and three top-of-the-range cars.The former model is also alleged to have attempted to kill the VP while he was hospitalised in South Africa and pushing to wed him without his consent and knowledge.

In his judgment, Justice Kwenda said the deputy chief magistrate had erroneously concluded that the State had overwhelming evidence and that chances of Marry’s conviction, after a proper prosecution, were high.

“It (the lower court) also found that there was a real chance that the appellant would be convicted of a fraud charge and that could also frighten her…..however that is not what induces flight.
“What induces flight are the sentencing provisions. At the hearing it became clear that in all probabilities the worst that will happen if the appellant is convicted of money laundering are non-custodial sentences…,” the judge said.

“What is clear is that money laundering is, in essence, a fiscal offence which is punished, as a first option, by a fine which is beyond the usual levels or double the illicit gain/advantage…

“the court aquo therefore erred when it concluded that the appellant was a flight risk because she will be imprisoned if convicted. The misdirection arises from its failure to consider the sentencing provisions.”
Justice Kwenda further said Mberewere’s misdirection was even more glaring with regards to the externalisation charges, adding the sentencing provisions, in the case of a conviction, provide for a fine and a prison term wholly suspended on condition of repatriation of the externalised funds.

“In other words, the legislature, in its infinite wisdom, contemplated a situation whereby a person retains his/her freedom even after being convicted of externalising funds unlawfully,” he said.

Commenting on Marry’s alleged push to wed the bed-ridden Chiwenga, Justice Kwenda said marriage was a contract and as such the parties intending to tie the knot must declare their intention and eligibility to marry before the marriage officer under oath and in the presence of each other.

“The State alleges that the licence and the marriage certificate were completed without the knowledge and involvement of the appellant’s husband (Chiwenga). I do not have adequate facts to assess the veracity of that allegation and decrypt appellant’s possible motive,” Justice Kwenda said.

“Whether or not there is a flight risk depends on the likely sentence which, in turn, would be informed by her prima facie motivation for allegedly seeking to register the marriage at all costs, at that point in time.

“While not disputing that the facts alleged against her gave rise to a reasonable suspicion that she committed the act of fraud, the appellant did not attempt an innocent explanation for her alleged conduct. At the same time, the State did not argue before me why the alleged fraud would attract a prison term.”

Turning to the attempted murder case in which Marry is alleged to have attempted to pull the plug on Chiwenga’s life support system, the judge said the deputy chief magistrate did not place any weight on the submissions by the State regarding the allegation, adding his “oversight was not fatal”.

“It will be recalled that the State argued that the appellant had set to kill her husband and she had unfinished business in that regard. The court aquo did not place any weight on that submission. The oversight was not fatal. The attempted murder is alleged to have been committed at a time when appellant’s husband was admitted in hospital and dependent on a life-support system.

“That situation was no longer obtaining at the time of the bail application. The averment in the bail statement that the parties had interacted subsequent to the alleged attempted murder was not controverted by the State,” Justice Kwenda said.

As part of her bail conditions, Marry was ordered to surrender her diplomatic passport to the clerk of court, reside at her Borrowdale residence in Harare, surrender title deeds of her father, Keni Mubaiwa’s Highlands home and to report to police once a fortnight.

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

DUI defense lawyer, DUI defenses, drunk driving defense, DUI attorney, beat DUI charge, DUI case defense, DUI evidence

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

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A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

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Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

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Defense 1: Illegal Traffic Stop

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Police usually need a legal reason to stop a driver.

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Possible stop reasons include:

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Speeding
rnSwerving
rnRunning a red light
rnExpired tag
rnEquipment violation
rnAccident investigation
rnReasonable suspicion of impaired driving

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If the stop was not legally justified, evidence gathered after the stop may be challenged.

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Defense 2: No Probable Cause for Arrest

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Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

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A lawyer may review:

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Driving behavior
rnOfficer observations
rnSpeech
rnBalance
rnOdor of alcohol
rnField sobriety tests
rnStatements
rnVideo evidence
rnMedical conditions

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If probable cause was weak, the arrest may be challenged.

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Defense 3: Field Sobriety Test Problems

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Field sobriety tests are not always reliable.

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A person may perform poorly because of:

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Medical conditions
rnAnxiety
rnFatigue
rnAge
rnInjury
rnPoor footwear
rnUneven ground
rnWeather
rnBad instructions
rnLanguage barriers

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A DUI lawyer may compare the officer’s report to body camera or dash camera video.

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Defense 4: Breath Test Issues

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Breath testing can be challenged if the machine or procedure was flawed.

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Potential issues include:

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Improper calibration
rnLack of maintenance
rnOfficer certification problems
rnMouth alcohol
rnVomiting or burping before test
rnMedical conditions
rnImproper observation period
rnRadio frequency interference claims
rnTesting outside required time windows

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A breath result is only as strong as the procedure behind it.

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Defense 5: Blood Test Problems

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Blood tests may be challenged based on:

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Improper blood draw
rnContamination
rnChain of custody
rnStorage problems
rnLab errors
rnFermentation
rnTesting delays
rnDocumentation gaps
rnQualified person requirements

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A lawyer may request lab records and review whether the sample was handled properly.

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Defense 6: Rising Blood Alcohol

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A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

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This may be relevant when there is a delay between the stop and the chemical test.

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The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

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Defense 7: Medical Conditions

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Some medical conditions can affect DUI evidence.

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Examples may include:

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Diabetes
rnAcid reflux
rnNeurological disorders
rnBalance disorders
rnEye conditions
rnInjuries
rnFatigue
rnAnxiety
rnMedication side effects

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A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

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Defense 8: Not Actually Driving

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Some cases involve people found in parked vehicles.

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Legal issues may include:

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Was the person driving?
rnWas the engine on?
rnWhere were the keys?
rnWas the vehicle operable?
rnWas the person sleeping?
rnDid anyone witness driving?

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State laws vary on what counts as driving or actual physical control.

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Defense 9: Police Report vs. Video Evidence

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Police reports sometimes make a case look stronger than video shows.

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A DUI lawyer may review:

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Body camera footage
rnDash camera footage
rnBooking video
rnRoadside testing video
rnAudio recordings
rnJail observation video

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Video can confirm or contradict officer claims.

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Defense 10: Constitutional Violations

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A DUI case may involve constitutional issues such as:

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Unlawful stop
rnUnlawful search
rnImproper questioning
rnViolation of rights
rnImproper detention
rnLack of warrant where required

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A lawyer may file motions to suppress evidence if legal rights were violated.

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Final Thoughts

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A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

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Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

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If you are charged with DUI, get the evidence reviewed before deciding what to do next.

Global Cost of Living Crisis: How Families Around the World Are Adapting to Rising Prices

The rising cost of living continues to affect millions of families across the world as inflation, housing costs, and food prices place pressure on household budgets. From the United States and Canada to Nigeria, South Africa, Kenya, Ghana, Zimbabwe, the United Kingdom, and Australia, many people are searching for ways to manage increasing expenses while maintaining financial stability.

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One of the biggest challenges facing households is the rising cost of food and transportation. Fuel price increases have affected supply chains globally, leading to higher prices for groceries, public transport, and imported goods. Families in both developed and developing countries are adjusting spending habits by reducing unnecessary purchases, cooking meals at home, and seeking additional income opportunities online.

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Housing affordability has also become a major issue in many cities around the world. Rent prices and mortgage costs continue to rise as demand for housing outpaces supply. Young adults and middle-income families are finding it increasingly difficult to purchase homes or secure affordable rental properties. Financial experts recommend budgeting carefully, improving credit scores, and comparing loan options before making major financial commitments.

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The global job market is also evolving as more people seek remote work opportunities and digital income streams. Freelancing, online businesses, content creation, and remote technology jobs are becoming popular alternatives for individuals seeking financial flexibility. In countries across Africa, mobile technology and digital payments are helping entrepreneurs build businesses and reach customers internationally.

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Financial literacy has become more important than ever during the economic slowdown. Experts encourage individuals to create emergency savings funds, reduce high-interest debt, and avoid unnecessary financial risks. Many banks and financial institutions are also offering budgeting tools and savings programs designed to help consumers manage expenses more effectively.

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Technology is playing a major role in helping people adapt to economic pressures. Price comparison apps, digital banking services, and online marketplaces are helping consumers save money and access more affordable products. Social media platforms are also being used to share financial advice, business ideas, and money-saving strategies across different countries and communities.

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Despite current economic challenges, analysts believe innovation and entrepreneurship will continue driving growth opportunities in emerging markets. African economies in particular are experiencing increased investment in technology, renewable energy, and digital commerce. Young entrepreneurs across Nigeria, Kenya, Ghana, Zimbabwe, and South Africa are building businesses that reach global audiences through online platforms.

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Economists predict that inflation and living costs may remain a major topic worldwide throughout the coming years. However, experts believe individuals who focus on financial planning, digital skills, and long-term investment strategies will be better positioned to navigate future economic uncertainty successfully.