MATABELELAND South provincial development coordinator Latiso Dlamini has been ordered to pay about half a million Zimbabwe dollars in damages in a case where she was sued for engaging in an adulterous affair with an army general.
Siboniso Lesley Maseko (nee Gumede) filed a lawsuit against
Dlamini in December 2019 accusing her of having a love affair with her husband
Brigadier General Simo Maseko.
Siboniso, who said their marriage was solemnised in terms
of Chapter 5:11 of the Marriages Act on December 20, 1998 claimed $500 000 in
damages in her lawsuit.
Dlamini filed opposing papers challenging the lawsuit
through her lawyers Dube-Banda, Nzarayapenga and Partners.
In her defence, Dlamini said she was not aware that the
army general was married.
Bulawayo High Court Judge Justice Maxwell Takuva last week
ruled against Dlamini.
“Defendant has not indicated what she considers to be a
reasonable and fair award in the circumstances.
“However, defendant has conceded that the level of damages
must be in line with previous awards and guides in similar cases,” Takuva said.
“In the circumstances, I find that plaintiff has suffered
damages for contummelia in the sum of $200 000 and loss of comfort, society and
companionship of her husband in the sum of $200 000.
“Accordingly, it is ordered that the defendant pays to the
plaintiff $400 000 being (a) $200 000 damages for contummelia and (b) $200 000
for loss of consortium.
“Interest of 5% per annum from date of summons to date of
full payment..”
Siboniso said she discovered that Dlamini and her husband
had been seeing each other since 2017.
Court papers show that Maseko had portrayed himself as a divorcee after
producing a divorce certificate from a previous marriage.
“Despite knowledge of their marriage and demands for her to
discontinue with her adulterous relationship with plaintiff’s husband, the
defendant has nonetheless persisted.
“As a result, the plaintiff has suffered damages for
contummelia in the sum of $200 000 and
loss of comfort, society and companionship of her husband in the sum of $200
000,” the summons read in part.
In her plea, Dlamini argued an adultery lawsuit was outdated.
“The defendant’s starting point is that a claim for damages
for adultery is outdated and a strain to the constitutions in the world.
“Defendant listed a number of countries where the claim has
been abolished or restricted.”
After Dlamini was sued for adultery damages, Maseko filed a
divorce against his wife of 21 years arguing that he had lost affection having
been in separation for three years.
In divorce papers before the court, the top soldier said
their marriage had irretrievably broken down such that there were no prospects
of restoring it to a normal relationship.
During the subsistence of the marriage, the parties
acquired both movable and immovable properties, which include two houses
located in Bulawayo and Gweru, two cars, a Mazda B1800 and a Forton double cab,
70 cattle, 30 goats and household property.
He wants the property to be distributed equitably in the
event that the divorce sails through, 60% market value of the Bulawayo house
donated to his daughter with the Gweru property going to his other daughter
from a previous marriage.
He wants to retain their Mazda B1800, 55 cows and 20 goats.
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