By Mary Taruvinga
A HARARE female who is staying sued for US$50,000 in excess of alleged adultery is searching for to dismiss the declare, arguing it is no lengthier a portion of the regulations of Zimbabwe.
Ratidzo Nyamuchengwa, who is currently being sued by her previous mate, Wonderful Marufu, has since been granted the relief to technique the higher courtroom by Significant Courtroom judge, Justice Emilia Muchawa.
In looking for referral of her circumstance to the Constitutional court, Nyamuchengwa lifted a unique plea in which she argued that the declare for adultery is no longer a element of the guidelines of Zimbabwe as it is inconsistent with Chapter 4 of the Structure of Zimbabwe.
The Constitutional Courtroom is anticipated to hand down a landmark ruling following hearing her arguments.
Nyamuchengwa wants the court to display whether the prevalent legislation of adultery is steady with subs (1) Portion 56 of the Constitution in so far as it will allow her to be sued even though at the same time precluding the complainant from suing her previous husband for the identical acts.
She also said the claim is unconstitutional as it exposes her to the prospect of getting questioned on and testifying on personal and personal particulars of her private, sexual relations.
In addition, she complained that it calls for scrutiny of and publicity of her alleged sexual liaisons or other relations with Marufu’s previous husband.
Another query is no matter if the common law delict of adultery is regular with subs (1) of Section 58 of the Structure in so considerably as it restricts her appropriate to freely associate with any consenting adult man or woman she chooses.
The Constitutional Court docket is also anticipated to ascertain regardless of whether the popular law delict of adultery serves any rational and justifiable objective or object protectable beneath the Structure.
The judge referred the make any difference to the Constitutional Court docket in conditions of Part 175 (4) Structure for a perseverance of challenges she elevated.
“To that conclusion, the Constitutional Courtroom shall decide whether or not the prevalent regulation delict of adultery sued upon by plaintiff is dependable with subs (1) of Portion 56 of the Constitution in so much as it permits the plaintiff to sue the defendant although at the same time precluding her from suing her previous husband for the very same functions on which she sues the defendant,” the choose reported.
“Whether the typical legislation delict of adultery, as sued on by the plaintiff, serves any rational and justifiable function or object protectable less than the Constitution 2013.”
The male at the centre of the controversy is Albert Mhondoro, who allegedly employed his wife’s price savings to marry Nyamuchengwa.
There was drama on the working day he paid lobola for his new spouse, following Marufu stormed the proceedings, demanding her funds and gentleman back.
Mhondoro has considering the fact that dumped his relatives and is now living with Nyamuchengwa.
Mhondoro and Nyamuchengwa perform at Nuanee Zimbabwe, which is into cosmetics.
In accordance to court docket papers, Marufu and Mhondoro wedded on March 19, 2018 and celebrations had been held on April 7, 2018.
Nyamuchengwa attended the marriage ceremony and acquired items for the couple.
Marufu claimed Nyamuchengwa enticed her partner and took him absent.
It has emerged that Nyamuchengwa ditched her spouse, Terrence Mawire, for Mhondoro.