A HARARE woman, who is facing a US$50 000 lawsuit for adultery, has been granted relief to approach the Constitutional Court (ConCourt) to challenge the law, which she says is no longer part of Zimbabwean law.
Ratidzo Nyamuchengwa, who is being sued by her former
friend Marvelous Marufu for adultery, was yesterday granted the relief by High
Court judge, Justice Emilia Muchawa.
Nyamuchengwa argues that adultery is no longer an offence
in Zimbabwe because the charge is inconsistent with chapter 4 of the Constitution.
The ConCourt is expected to give a ruling after hearing her
arguments.
She wants the court to show whether the common law of
adultery is consistent with subsection (1) of section 56 of the Constitution of
Zimbabwe, insofar as it allows her to be sued, while simultaneously precluding
the complainant from suing her former husband for the same acts.
Nyamuchengwa also said the claim was unconstitutional as it
exposes her to the prospect of being questioned and made to testify on an
intimate and personal matter pertaining to her private sexual relations.
She also complained that the law calls for scrutiny of, and
publicity of her alleged sexual liaisons or other relations with Marufu’s
former husband.
Another query that she wants to raise is whether the common
law restricts her from freely associating with any consenting adult person she
chooses.
“To that end the Constitutional Court shall determine
whether the common law delict of adultery sued upon by plaintiff is consistent
with subsection (1) of section 56 of the Constitution of Zimbabwe, 2013 insofar
as it allows the plaintiff to sue the defendant whilst simultaneously
precluding her from suing her former husband for the same acts upon which she
sues the defendant,” Muchawa said.
The man at the centre of the controversy is Albert Mhondoro
who allegedly used his wife’s savings to marry Nyamuchengwa.
There was drama on the day he paid lobola for his new wife,
after Marufu stormed the proceedings demanding her money and man back.
Mhondoro has since dumped his family and is now living with
Nyamuchengwa. According to court papers, Marufu and Mhondoro wed on March 19,
2018 and celebrations were held on April 7, 2018.
Nyamuchengwa also attended the wedding and bought gifts for
the couple. Newsday
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