18/05/2024 1:44 AM

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Piece of That Fashion

Adultery accused woman says it’s not criminal; challenges law at Constitutional Court

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By Mary Taruvinga


A HARARE lady who is staying sued for US$50,000 over alleged adultery is trying to find to dismiss the assert, arguing it is no for a longer period a element of the laws of Zimbabwe.

Ratidzo Nyamuchengwa, who is staying sued by her previous close friend, Wonderful Marufu, has since been granted the aid to strategy the upper court docket by Substantial Court choose, Justice Emilia Muchawa.

In trying to get referral of her scenario to the Constitutional courtroom, Nyamuchengwa raised a exclusive plea in which she argued that the claim for adultery is no lengthier a portion of the guidelines of Zimbabwe as it is inconsistent with Chapter 4 of the Structure of Zimbabwe.

The Constitutional Court docket is expected to hand down a landmark ruling just after hearing her arguments.

Nyamuchengwa needs the court docket to demonstrate no matter whether the popular legislation of adultery is dependable with subs (1) Section 56 of the Structure in so far as it will allow her to be sued while at the same time precluding the complainant from suing her former partner for the identical functions.

She also explained the claim is unconstitutional as it exposes her to the prospect of getting questioned on and testifying on personal and particular facts of her private, 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 previous partner.

Another query is no matter whether the prevalent law delict of adultery is reliable with subs (1) of Portion 58 of the Structure in so considerably as it restricts her suitable to freely affiliate with any consenting grownup individual she chooses.

The Constitutional Courtroom is also envisioned to decide whether or not the typical law delict of adultery serves any rational and justifiable reason or object protectable under the Structure.

The decide referred the matter to the Constitutional Court docket in phrases of Segment 175 (4) Constitution for a resolve of troubles she raised.

“To that finish, the Constitutional Courtroom shall decide no matter if the prevalent law delict of adultery sued on by plaintiff is constant with subs (1) of Area 56 of the Constitution in so considerably as it will allow the plaintiff to sue the defendant even though at the same time precluding her from suing her former husband for the same functions upon which she sues the defendant,” the judge said.

“Whether the prevalent regulation delict of adultery, as sued on by the plaintiff, serves any rational and justifiable goal or object protectable underneath the Structure 2013.”

The guy at the centre of the controversy is Albert Mhondoro, who allegedly used his wife’s price savings to marry Nyamuchengwa.

There was drama on the day he paid lobola for his new wife, soon after Marufu stormed the proceedings, demanding her money and gentleman back.

Mhondoro has considering that dumped his family members and is now dwelling with Nyamuchengwa.

Mhondoro and Nyamuchengwa function at Nuanee Zimbabwe, which is into cosmetics.

In accordance to court docket papers, Marufu and Mhondoro wedded on March 19, 2018 and celebrations have been held on April 7, 2018.

Nyamuchengwa attended the wedding ceremony and purchased items for the couple.

Marufu explained Nyamuchengwa enticed her husband and took him absent.

It has emerged that Nyamuchengwa ditched her husband, Terrence Mawire, for Mhondoro.



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