VICTORIA Falls Mayor, Councillor Somvelo Dlamini has been
slapped with a $300 000 lawsuit by a local resident accusing him of engaging in
an adulterous relationship with his wife.
Mr Shaktya Nyathi, is accusing Clr Dlamini, who is also MDC
Alliance councillor for Ward 9 in the resort town, of having a love affair with
his wife Mrs Sithabile Nyathi (nee Sibanda).
Mr Nyathi said their marriage was solemnised in terms of
Chapter 5:11 of the Marriages Act before a priest at St Kizito Roman Catholic
Church in Victoria Falls. The marriage date was however, not stated in court
papers.
Mr Nyathi, through his lawyers Ncube Attorneys, filed
summons at the Bulawayo High Court under case number 351/20, citing Clr Dlamini
as a defendant.
In papers before the court, Mr Nyathi said his wife has
since deserted their matrimonial home following his discovery of the illicit
affair. He alleged that on various occasions and at different places, Dlamini
and his wife Ms Sibanda committed adultery.
“On various occasions and at places not known to the
plaintiff, the defendant and the plaintiff’s spouse committed adultery and a
result of that, the plaintiff suffered contumelia damages, loss of comfort and
his wife has deserted him due to wrongful and intentional actions by the
defendant,” said Mr Nyathi’s lawyers.
He is seeking a total of $330 000 in damages for
contumelia, loss of the comfort, society and services.
“Wherefore plaintiff claims judgment against the defendant
for an order for payment of $180 000 for loss of consortium, $150 000 in
damages for contumelia as well as payment of five percent interest on the total
amount calculated from the date of summons to the date of full and final
payment,” read the summons.
Mr Nyathi also wants the court to direct Clr Dlamini to pay
the legal costs he incurred.
Clr Dlamini is yet to respond. He was recently arrested by
Zimbabwe Anti-Corruption Commission (Zacc) for alleged abuse of office.
He is accused of forging title deeds of a housing stand in
2013 before illegally selling the stand for US$ 20 000.
Clr Dlamini acquired the residential stand for US$7 962 in
Aerodrome area when he was first elected as a councillor in 2013.
He then allegedly sold the stand to one Ms Memory Sithole
for US$20 000 in September 2017 without first paying for it at Victoria Falls
Town Council. He had bought the stand at 40 percent discount, but sold it to Ms
Sithole at full charge.
Investigations established that at the time Clr Dlamini
sold the stand to Mrs Sithole in 2017, there was no development and the accused
had corruptly acquired a title deed which was used by the buyer to obtain a
loan from CABS.
Clr Dlamini was remanded to February 25 on $1 500 bail. Chronicle
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