A Harare female who is currently being sued for US$50,000 about alleged adultery soon after using her ideal friend’s spouse is seeking to dismiss the assert, arguing it is no more time a portion of the rules of Zimbabwe.
Ratidzo Nyamuchengwa, who is becoming sued by her former buddy, Wonderful Marufu, has considering the fact that been granted the relief to solution the higher court by Significant Court docket judge, Justice Emilia Muchawa.
In trying to get referral of her situation to the Constitutional court docket, Nyamuchengwa lifted a specific plea in which she argued that the assert for adultery is no longer a section of the legal guidelines of Zimbabwe as it is inconsistent with Chapter 4 of the Structure of Zimbabwe.
The Constitutional Courtroom is expected to hand down a landmark ruling soon after hearing her arguments.
Nyamuchengwa would like the court docket to clearly show irrespective of whether the prevalent legislation of adultery is dependable with subs (1) Area 56 of the Constitution in so far as it makes it possible for her to be sued while simultaneously precluding the complainant from suing her previous partner for the exact functions.
She also claimed the claim is unconstitutional as it exposes her to the prospect of currently being questioned on and testifying on intimate and particular particulars of her personal, sexual relations.
In addition, she complained that it phone calls for scrutiny of and publicity of her alleged sexual liaisons or other relations with Marufu’s former husband.
A different query is irrespective of whether the typical law delict of adultery is regular with subs (1) of Segment 58 of the Constitution in so far as it restricts her ideal to freely associate with any consenting adult particular person she chooses.
The Constitutional Courtroom is also anticipated to decide irrespective of whether the prevalent legislation delict of adultery serves any rational and justifiable function or item protectable beneath the Constitution.
The decide referred the matter to the Constitutional Court docket in conditions of Segment 175 (4) Structure for a dedication of challenges she lifted.
“To that conclusion, the Constitutional Court shall determine whether or not the common law delict of adultery sued on by plaintiff is constant with subs (1) of Part 56 of the Constitution in so considerably as it allows the plaintiff to sue the defendant while at the same time precluding her from suing her previous husband for the very same functions on which she sues the defendant,” the decide reported.
“Whether the popular legislation delict of adultery, as sued on by the plaintiff, serves any rational and justifiable intent or object protectable below the Structure 2013.”
The guy at the centre of the controversy is Albert Mhondoro, who allegedly employed his wife’s financial savings to marry Nyamuchengwa.
There was drama on the working day he paid out lobola for his new wife, soon after Marufu stormed the proceedings, demanding her money and guy again.
Mhondoro has because dumped his family and is now dwelling with Nyamuchengwa.
Mhondoro and Nyamuchengwa work at Nuanee Zimbabwe, which is into cosmetics.
In accordance to court docket papers, Marufu and Mhondoro wedded on March 19, 2018 and celebrations were held on April 7, 2018.
Nyamuchengwa attended the wedding and purchased gifts for the few.
Marufu claimed Nyamuchengwa enticed her husband and took him away.
It has emerged that Nyamuchengwa ditched her partner, Terrence Mawire, for Mhondoro.