Female cop slapped with US$12 000 adultery suit after intercepted WhatsApp messages
By Mashudu Netsianda
A BULAWAYO woman is suing a local female cop for US$12 000 in damages for allegedly engaging in an adulterous relationship with her husband who is also a police officer.
The aggrieved woman, Mrs Fezile Marahwa is accusing Constable Mayibongwe Ncube of New Lobengula suburb of engaging in an adulterous relationship with her husband, Stanley Marahwa, also a police constable.
The two cop lovers are stationed at Bulawayo Central Police Station.
Mrs Marahwa, through her lawyers Ndove and Associates, filed summons at the Bulawayo High Court citing Ncube as a defendant.
In papers before the court, Mrs Marahwa said she discovered the illicit affair in January 2017 after intercepting WhatsApp messages on her husband’s cellphone, which had been sent by Const Ncube.
“Sometime during the period of February 2017 and February 2018, the defendant who is my husband’s workmate, fully aware of the existence of the marriage between Stanley Marahwa and I, got involved in an adulterous relationship behind my back,” she said.
Mrs Marahwa said upon discovering the relationship, she went to Const Ncube’s workplace armed with their marriage certificate and warned her against dating her husband.
“Despite such a warning, I have learnt through WhatsApp messages that the defendant is still continuing with the relationship, a conduct which I find to be insensitive and reprehensible,” she said.
Mrs Marahwa said her marriage was solemnised in terms of Chapter 5:11 of the Marriages Act on July 24 in 2002. The couple has two children.
She said the illicit affair between the two police officers has tremendously affected her marriage, which is now on the brink of collapse.
Mrs Marahwa stated in court papers that she was no longer enjoying her conjugal rights.
“As a direct consequence of the adulterous affair, I have suffered loss of consortium and conjugal rights. I have also been subjected to emotional and psychological stress as my husband no longer shows any love and affection,” she said.
Mrs Marahwa said her husband has abandoned the family and no longer fends for the children.
“The actions of the defendant have caused me to suffer damages in the sum of US$12 000 for loss of contumelia and consortium,” she said.
In her defence, Const Ncube through her lawyers Pundu and Company said she did not know that her lover was in a civil marriage with the plaintiff, which prohibited polygamy.
“During the time I have known the plaintiff’s husband, I wasn’t aware that he was in a civil marriage. He made me believe that their marriage was a customary law one, which allowed him to marry more than one wife,” she said.
Const Ncube also dismissed Mrs Marahwa’s assertion that her marriage was undisturbed and peaceful until their affair.
She said Const Marahwa was a womaniser involved in several extra-marital affairs.
“This affects the quantum if any of adultery damages the plaintiff may get. Defendant prays that the action be dismissed with costs,” said Const Ncube.
Bulawayo High Court judge Justice Nokuthula Moyo has referred the matter to trial. The Chronicle