Prison Officer to pay $2400 adultery damages

By Sherzadee Mkwamba

MUTARE – An officer with the Zimbabwe Prison Service has been ordered to pay $2 400 as adultery damages to the wife of a man she was having an affair with.

Mrs Annia Ndiraya ordered Rumbidzai Mabhiza to compensate Theodora Chiparawasha who is legally married to her husband Reuben under the Civil Marriages Act, Chapter 5:1.

Theodora, who was being represented by Mr Passmore Nyakureba of Maunga Maanda and Associates Legal Practitioners, had initially claimed $10 000.

She gave her breakdown as follows: $3 000 for pain and suffering, $4 000 for matrimonial property damage, $2 000 for humiliation and $1 000 to compensate for her two children who suffered at a tender age.

However Mrs Ndiraya granted her $2 400 and gave the breakdown of her ruling as follows: $900 for damages of loss of consortium when the complainant was deserted by her husband, $1 500 for compensation of time Chiparawasha was chased from her matrimonial home to pave way for Mabhiza to take occupation in that house which she did.

Mabhiza, who was being represented by Mr David Tandiri of Tandiri Law Chambers, was convicted because she could not deny having a sexual relationship with the complainant’s husband, since a child was born out of this extra marital affair.

Mabhiza also failed to prove that she did not know that Chiparawasha was legally married to Reuben after the complainant testified in court that she had warned her before and that she even showed her the marriage in the presence of the Army Chaplin.

Mabhiza was also responsible for her conviction as she gave two contradicting dates when the affair purportedly ended raising suspicion that it was still on. Manica Post