By Mary Taruvinga
A HARARE female who is being sued for US$50,000 around alleged adultery is trying to get to dismiss the assert, arguing it is no more time a section of the rules of Zimbabwe.
Ratidzo Nyamuchengwa, who is becoming sued by her previous buddy, Wonderful Marufu, has considering the fact that been granted the aid to approach the upper court by High Courtroom judge, Justice Emilia Muchawa.
In looking for referral of her case to the Constitutional courtroom, Nyamuchengwa lifted a particular plea in which she argued that the assert for adultery is no for a longer period a section of the guidelines of Zimbabwe as it is inconsistent with Chapter 4 of the Constitution of Zimbabwe.
The Constitutional Court docket is predicted to hand down a landmark ruling immediately after hearing her arguments.
Nyamuchengwa needs the court to exhibit no matter if the common law of adultery is consistent with subs (1) Section 56 of the Structure in so far as it lets her to be sued even though concurrently precluding the complainant from suing her previous husband for the similar functions.
She also explained the assert is unconstitutional as it exposes her to the prospect of becoming questioned on and testifying on intimate and personalized aspects 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.
A further question is irrespective of whether the popular law delict of adultery is dependable with subs (1) of Part 58 of the Structure in so much as it restricts her correct to freely associate with any consenting adult human being she chooses.
The Constitutional Court docket is also envisioned to identify whether the common regulation delict of adultery serves any rational and justifiable objective or item protectable underneath the Constitution.
The judge referred the make a difference to the Constitutional Court in terms of Area 175 (4) Constitution for a perseverance of troubles she raised.
“To that conclude, the Constitutional Courtroom shall ascertain whether or not the widespread legislation delict of adultery sued on by plaintiff is reliable with subs (1) of Section 56 of the Structure in so far as it lets the plaintiff to sue the defendant even though at the same time precluding her from suing her previous husband for the exact acts on which she sues the defendant,” the judge claimed.
“Whether the prevalent regulation delict of adultery, as sued on by the plaintiff, serves any rational and justifiable purpose or object protectable under the Constitution 2013.”
The person at the centre of the controversy is Albert Mhondoro, who allegedly applied his wife’s price savings to marry Nyamuchengwa.
There was drama on the working day he compensated lobola for his new spouse, just after Marufu stormed the proceedings, demanding her money and guy again.
Mhondoro has given that dumped his loved ones and is now residing with Nyamuchengwa.
Mhondoro and Nyamuchengwa function at Nuanee Zimbabwe, which is into cosmetics.
In accordance to courtroom papers, Marufu and Mhondoro wedded on March 19, 2018 and celebrations were held on April 7, 2018.
Nyamuchengwa attended the wedding ceremony and bought presents for the pair.
Marufu explained Nyamuchengwa enticed her spouse and took him absent.
It has emerged that Nyamuchengwa ditched her partner, Terrence Mawire, for Mhondoro.