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Fidelis Munyoro Chief Court Reporter
THE High Court yesterday ordered a Harare husband-snatcher to pay $8 000 in moral damages, a strong warning against adulterous relationships.

Ms Corah Mahachi (70) successfully sued Ms Pamela Farai Zimba.

Ms Mahachi had claimed $25 000 in adultery damages after Ms Zimba continued with the adulterous relationship despite having received written warnings from the former’s lawyers.

Justice Edith Mushore reduced the claim to $8 000.

Ms Mahachi has been married to Mr Taurayi Mungate for 48 years.

They were, however, on separation.

Ms Zimba and Mungate are co-habiting with an intention to marry.

Justice Mushore proceeded to hear the lawsuit after Ms Zimba failed to show up and defend the claim.

She ruled that Ms Zimba indulged in adulterous affair with Mr Mungate in flagrant disregard of the sanctity of marriage.

“The respondent (Ms Zimba) has breached the lawfully guarded sanctity of the marriage existent between applicant and her husband,” said Justice Mushore.

“Even when she became aware that applicant had sought legal counsel and threatened suit against her and in fact filed suit, she continued co-habiting with applicant’s husband.”

The judge had no kind words for Ms Zimba.

She said to add insult to injury, Ms Zimba actually intended to marry Mr Mungate.

Justice Mushore said this would have led to the ouster of Ms Mahachi from the marriage contract when she was supposed to enjoy exclusively with her husband.

“Her disregard to the legal action taken against her leads me to conclude that she simply does not care about disrupting the sanctity of a valid and existing marriage neither does she fear the consequences of her actions. She has continued to inflict distress, humiliation and hurt on the applicant,” she said.

“There can be no doubt that this case calls for an award which would also serve as an example that the courts frown upon such conduct.”

Adultery damages are a legal claim meant to protect the sanctity of marriage.

South Africa outlawed adultery damages in 2015.

Last year, the High Court upheld adultery damages in a constitutional application by a Harare nurse, who was contesting a suit against a third party over the breakdown of a marriage.

Justice Hlekani Mwayera said decisions of the South African court or other foreign courts to declare such damages unconstitutional were not binding on Zimbabwe.

She said in terms of Zimbabwean values, adultery was wrongful and the claim for damages was justified as it served to compensate the injured party.

Ms Lorraine Matione, a nurse at Harare Central Hospital, wanted adultery to be abolished saying it violated the third party’s rights to privacy and equality before the law.

The nurse was accused of knowingly having an adulterous affair with Mr Lawrence Muzvondiwa that resulted in the birth of a son.

Mr Muzvondiwa’s wife, Georgina Njodzi, issued out summons claiming adultery damages to the tune of $25 000 from Ms Matione.

Justice Mwayera said there was nothing unconstitutional about adultery damages.

She said the marriage institution was founded upon morals and the Constitution, which is the supreme law of the country that protects the very morality, underpinned relationship.

“Intrusion in the marriage institution by adultery therefore remains wrongful and there is nothing unconstitutional about an adultery damages claim,” she said.

She said the third party who, with knowledge intrudes into the marriage institution, ought to compensate the innocent spouse for the injury occasioned.

“It goes without saying that adultery is almost always debilitating for the victimised spouse who suffers indignity and hurt because of the adultery.”

Justice Mwayera said foreign judgments on adultery had no binding force because the issue must be analysed in the Zimbabwean context.

It was also her considered view that the society which was involved in the constitution-making process still viewed adultery negatively.

Mr Muzvondiwa and Ms Njodzi married in 1996 under the Marriages Act.

The marriage still subsists.

It is alleged that in 2012, Mr Muzvondiwa entered into an adulterous relationship with Ms Matione which resulted in the birth of a child on April 9 2014.

Since then, Mr Muzvondiwa and Ms Matione have been co-habiting.