A Harare female who is being sued for US$50,000 more than alleged adultery after taking her very best friend’s partner is looking for to dismiss the assert, arguing it is no extended a portion of the guidelines of Zimbabwe.
Ratidzo Nyamuchengwa, who is currently being sued by her previous good friend, Wonderful Marufu, has considering the fact that been granted the aid to tactic the upper court by High Court docket judge, Justice Emilia Muchawa.
In trying to find referral of her circumstance to the Constitutional courtroom, Nyamuchengwa lifted a distinctive plea in which she argued that the assert for adultery is no lengthier a portion of the legal guidelines of Zimbabwe as it is inconsistent with Chapter 4 of the Constitution of Zimbabwe.
The Constitutional Court docket is anticipated to hand down a landmark ruling immediately after hearing her arguments.
Nyamuchengwa wants the court docket to show irrespective of whether the typical regulation of adultery is steady with subs (1) Portion 56 of the Structure in so much as it will allow her to be sued while at the same time precluding the complainant from suing her previous partner for the very same acts.
She also mentioned the assert is unconstitutional as it exposes her to the prospect of becoming questioned on and testifying on personal and individual specifics 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 former partner.
An additional question is regardless of whether the popular law delict of adultery is reliable with subs (1) of Part 58 of the Constitution in so significantly as it restricts her proper to freely associate with any consenting grownup individual she chooses.
The Constitutional Courtroom is also envisioned to establish whether the typical law delict of adultery serves any rational and justifiable goal or item protectable below the Structure.
The decide referred the make a difference to the Constitutional Courtroom in terms of Portion 175 (4) Structure for a dedication of problems she lifted.
“To that finish, the Constitutional Court shall establish no matter if the prevalent law delict of adultery sued on by plaintiff is dependable with subs (1) of Section 56 of the Structure in so much as it makes it possible for the plaintiff to sue the defendant even though concurrently precluding her from suing her former husband for the same functions upon which she sues the defendant,” the choose mentioned.
“Whether the popular regulation delict of adultery, as sued on by the plaintiff, serves any rational and justifiable function or item protectable beneath the Constitution 2013.”
The male at the centre of the controversy is Albert Mhondoro, who allegedly applied his wife’s discounts to marry Nyamuchengwa.
There was drama on the working day he paid lobola for his new spouse, after Marufu stormed the proceedings, demanding her money and guy back.
Mhondoro has given that dumped his loved ones and is now living with Nyamuchengwa.
Mhondoro and Nyamuchengwa perform at Nuanee Zimbabwe, which is into cosmetics.
According to court docket papers, Marufu and Mhondoro wedded on March 19, 2018 and celebrations were being held on April 7, 2018.
Nyamuchengwa attended the marriage and purchased gifts for the couple.
Marufu stated Nyamuchengwa enticed her spouse and took him absent.
It has emerged that Nyamuchengwa ditched her partner, Terrence Mawire, for Mhondoro.