By Mashudu Netsianda
A Bulawayo married man who seduced his teenage ex-girlfriend into having sex will now pay the woman $2 000 in seduction damages as compensation for breaking her virginity and refusing to marry her after she fell pregnant.
Justice Martin Makonese dismissed Moyo’s appeal challenging a decision by a Bulawayo magistrate to award $2 000 seduction damages to his ex-girlfriend as compensation for breaking her virginity and breach of a marriage promise.
Ms Madziwa was an Upper Six pupil at Pumula High School living with her parents when she was allegedly “deflowered” by Moyo.
She accused him of seducing her into having sex after promising to marry her.
The ruling by Bulawayo High Court judge Justice Martin Makonese follows an application by Moyo seeking an order nullifying Bulawayo magistrate Mr Sheunesu Matova’s ruling in favour of Ms Madziwa.
Ms Madziwa was seeking $8 000 as compensation for having lost her virginity to Moyo, whom she accused of ditching her despite promises of marriage. Mr Matova awarded Ms Madziwa $2 000, arguing that the $8 000 damage she was seeking was too much.
In dismissing Moyo’s appeal, Justice Makonese said the application lacked merit.
“It is ordered that the appeal be and hereby dismissed with costs as it is devoid of merit,” ruled the judge. In papers before the court, Moyo cited Ms Madziwa as the respondent in the matter.
In his grounds of appeal, Moyo said the magistrate overlooked the fact that Ms Madziwa failed to prove that she was a virgin at the time of their sexual encounter.
“The figure induced a sense of shock and disbelief. The magistrate overlooked the fact that the respondent (Ms Madziwa) was already sexually active when we fell in love and subsequently engaged in sexual activity which we did once,” said Moyo.
He also argued that Mr Matova erred in granting the quantum of $2 000 without giving reasons on how he arrived at the figure.
Moyo said the magistrate also overlooked the fact that under customary law the damages were equivalent to a cow.
Ms Madziwa and Moyo fell in love in April 2015 and the teenager said she was showered with gifts and money before the sexual act.
Ms Madziwa, who was represented by Mr Bruce Masamvu of Dube-Tachiona and Tsvangirai Legal Practitioners, said she felt embarrassed and humiliated after Moyo allegedly broke her virginity and impregnated her before breaching the promise to marry her.
She said her ex-boyfriend broke her virginity after he allegedly lied that he was a bachelor.
“I was never married before and after deflowering and impregnating me, Moyo has taken away my pride as a woman and left me embarrassed and humiliated before my parents, peers and the community,” she said.
Ms Madziwa said her ex-lover has through his actions reduced her prospects of having a “normal” future marriage.
She said Moyo used to shower her with gifts and money before the sexual acts. As a result, she became pregnant and later gave birth.
She told the court that she was claiming seduction damages as she lost her virginity and that her chances of getting married have diminished not only because of her virginity status but because she has a child with the defendant.
She said despite breaching the agreement, Moyo has not shown any remorse for his actions.
Ms Madziwa’s child is now more than two-years-old. The Chronicle