In a recent ruling by the Harare civil court, a woman has been ordered to pay $8,000 in damages for breaking up a 30-year marriage. Sheba Uta, the girlfriend of James Chinhoi, was sued by Rosemary Chinhoi, James’ wife, for adultery-related damages.
Rosemary had originally sought $30,000 in damages, with $10,000 for contumelia, $10,000 for loss of consortium, $5,000 for compensation related to high blood pressure and stress caused by the affair, and the remainder to compensate for Uta’s broken promise to end the affair. Following a contested civil trial, the court reduced the claim to $8,000 for both contumelia and loss of consortium.
“Accordingly, the plaintiff’s claim succeeds and the defendant is hereby ordered to pay the plaintiff the sum of US$8 000 or its equivalent in value in local currency at the official interbank rate calculated on the date of payment, together with interest to be calculated at the prescribed rate from the date of this judgment,” said Ms Chibindi.
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She argued that a civil claim for adultery damages was still relevant even in a progressive societies like Zimbabwe which has its social values sanctified in the Constitution.
The courts are on record saying the quantum of damages should not be a mockery to the aggrieved party lest the judicial system falls into disrepute and run the risk of being held in complicity with adulterous people.
In her ruling, Ms Chibindi noted that where evidence was flawless as in the case that Chinhoi was injured, insulted and subjected to indignity, contumelia umbrella damages were justified.
She dismissed Uta’s defence as vexatious and frivolous, ruling that she was acting insincerely when she mounted her defence.
“Parts of her defence were clearly dishonest. More so, the defendant wasted the court’s time by defending this action when there was overwhelming evidence against her. Thus the costs on a higher scale are justified in these circumstances.”
The marriage institution in Zimbabwe is protected under Section 78 of the Constitution and it is well established in the culture, religion and tradition of the country.
The purpose of making a claim against adultery is to protect the sanctity of the marriage.
Such suits are now very rare as there is a growing body of opinion that when a marriage breaks down, that’s it and that when a partner has an affair, the other partner is equally to blame.
