By Mary Taruvinga
A HARARE lady who is being sued for US$50,000 more than alleged adultery is trying to get 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 former buddy, Great Marufu, has since been granted the relief to approach the higher courtroom by Significant Courtroom judge, Justice Emilia Muchawa.
In trying to find referral of her circumstance to the Constitutional courtroom, Nyamuchengwa raised a exclusive plea in which she argued that the assert for adultery is no longer a aspect of the guidelines of Zimbabwe as it is inconsistent with Chapter 4 of the Structure of Zimbabwe.
The Constitutional Court is expected to hand down a landmark ruling after listening to her arguments.
Nyamuchengwa needs the court to show whether the frequent regulation of adultery is regular with subs (1) Area 56 of the Structure in so considerably as it lets her to be sued while simultaneously precluding the complainant from suing her previous spouse for the very same acts.
She also explained the assert is unconstitutional as it exposes her to the prospect of currently being questioned on and testifying on personal and personal aspects of her non-public, 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 partner.
A further question is no matter if the typical regulation delict of adultery is regular with subs (1) of Area 58 of the Constitution in so much as it restricts her appropriate to freely associate with any consenting grownup person she chooses.
The Constitutional Court docket is also envisioned to decide irrespective of whether the widespread regulation delict of adultery serves any rational and justifiable function or item protectable underneath the Structure.
The decide referred the make a difference to the Constitutional Court docket in conditions of Part 175 (4) Constitution for a determination of difficulties she raised.
“To that end, the Constitutional Court docket shall identify whether the frequent law delict of adultery sued upon by plaintiff is constant with subs (1) of Area 56 of the Structure in so much as it allows the plaintiff to sue the defendant while at the same time precluding her from suing her former husband for the exact functions on which she sues the defendant,” the decide said.
“Whether the widespread legislation delict of adultery, as sued upon by the plaintiff, serves any rational and justifiable goal or object protectable below 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 compensated lobola for his new wife, right after Marufu stormed the proceedings, demanding her dollars and guy back.
Mhondoro has considering that dumped his household and is now residing with Nyamuchengwa.
Mhondoro and Nyamuchengwa perform at Nuanee Zimbabwe, which is into cosmetics.
According to court papers, Marufu and Mhondoro wedded on March 19, 2018 and celebrations were held on April 7, 2018.
Nyamuchengwa attended the marriage and acquired gifts for the pair.
Marufu stated Nyamuchengwa enticed her husband and took him away.
It has emerged that Nyamuchengwa ditched her partner, Terrence Mawire, for Mhondoro.