The adultery conundrum: Navigating Zimbabwe’s legal landscape
NAMATIRAI RUZVIDZO
Recently, newspapers in Zimbabwe were abuzz with headlines about a landmark High Court ruling in which a woman was awarded US$20 000 in adultery damages.
This ruling is significant in the country’s legal landscape as it acknowledges the emotional and psychological harm suffered by a spouse due to infidelity and offers financial compensation for that harm.
Beyond the monetary award, the judgment serves as a validation of the woman’s experience, recognizing that her feelings and well-being matter in the eyes of the law.
The ruling has also sparked widespread discussion and even excitement, particularly among women in similar situations, who view it as a form of vindication.
Moreover, this decision has set a legal precedent, reinforcing the notion that adultery carries tangible consequences. Not only does it provide financial redress for the aggrieved spouse, but it may also serve as a deterrent, signaling that such behavior will not go unpunished in Zimbabwean society.
- What is adultery?
Adultery is the voluntary sexual intercourse between a man and a woman who are not married to each other but at least one of whom is a married person.
Adultery, a complex and sensitive topic, has been a subject of debate in Zimbabwe’s legal landscape for years. The country’s laws governing adultery are rooted in a mix of customary, common, and statutory laws, making it a challenging and often contentious issue to navigate.
- What laws govern adultery in Zimbabwe?
The legal framework of adultery is governed by a combination of statutory law, customary law, and common law.
- Statutory law
The Matrimonial Causes Act [Chapter 5:13] is the primary statute governing divorce and separation in Zimbabwe, including cases involving adultery. Section 5(1)(b) of the Act states that a spouse may petition for divorce on the grounds of adultery, provided that the adultery is proved to the satisfaction of the court.
- Customary law
Customary law also plays a significant role in governing family and marriage matters, including adultery, in Zimbabwe. Under customary law, adultery is considered a serious offense, and the consequences can be severe.
- Common law
The common law in Zimbabwe also recognizes adultery as a ground for divorce. The courts have developed a body of case law that guides the application of the law in cases involving adultery.
- What is the punishment and consequences for adulterers?
The punishment and consequences for adultery in Zimbabwe can vary depending on the circumstances. In some cases, the adulterous spouse may be required to pay damages or compensation to the injured spouse.
Under customary law, the punishment for adultery can include payment of damages by the adulterous spouse to the injured spouse’s family.
The adulterous spouse may be required to pay lobola (bride price) to the injured spouse’s family. Adultery can be grounds for divorce under customary law. Under statutory law and specifically under the Matrimonial Causes Act [Chapter 5:13], the punishment for adultery can include divorce as well as payment of damages. The court may order the adulterous spouse to pay damages or compensation to the injured spouse. Further, the court may order the division of property and assets between the spouses.
Under common law, the punishment for adultery can include Damages and loss of consortium.
- What are the challenges and controversies of adultery?
Despite the laws governing adultery, there are several challenges and controversies surrounding this issue in Zimbabwe.
One of the main challenges is the difficulty in proving adultery, as it often requires evidence of a physical act. Proving adultery can be difficult, especially in cases where there is no direct evidence and adultery is viewed differently in various cultures and societies, making it challenging to establish a universal standard. Further, adultery can have severe emotional and psychological consequences for all parties involved. It must also be noted that where children are involved, adultery can affect child custody and maintenance arrangements, leading to further complications.
The delict of adultery remains controversial in Zimbabwe. It is a popular opinion amongst the younger generation that adultery laws are now quite archaic as they have an unintended consequence of exhibiting gender bias. Generally, adulterous women are judged more harshly than men. Society will completely ostracize them. In the face of technological advancements not just in Zimbabwe, suspicious spouses are now using surveillance and monitoring to detect adultery. This raises concerns about privacy and individual rights. It can be further argued that the delict of adultery is discriminatory and illogical as it serves to punish not the adulterous spouse but a third party with whom the adultery is committed. The coming in of the Marriages Act [Chapter 5:17] which recognizes civil partnerships for purposes of sharing of property between partners who may otherwise be in a classical adulterous relationship does not make it any easier. It seems like it is now an acceptable norm in our society that two consenting adults can build a life together without necessarily going through the rigors of marriage formalization. It lightens the traditional consequences of adultery.
- What is the import of the recent judgment by High Court on adultery?
The importance of the recent judgment by Justice Emilia Muchawa was its decisive clarification that our law has not changed and that our society still regards adultery in a very bad light. The judgement was certainly met with celebrations and ululations by a lot of women who are in a similar predicament. In it, they see hope and vindication. They see a gateway to monetary compensation and for some as a final nail to their otherwise ailing marriages. The judgment is confirmation that the society still believes in the levying of civil sanctions against a paramour who knowingly sexually associates with a married person.
- Conclusion
The adultery conundrum in Zimbabwe is a complex and multifaceted issue. While the laws governing adultery are clear, the challenges and controversies surrounding this issue are significant. As Zimbabwe continues to evolve and grow, it is essential that its laws and policies keep pace with the changing needs and values of its citizens. By engaging in open and informed discussions about adultery and its implications, Zimbabwe can work towards creating a more just and equitable society for all.
Namatirai Ruzvidzo is a registered Legal Practitioner, Conveyancer and Notary Public with the law firm, Ruzvidzo Legal Counsel. She can be reached on +263 784 228 534 or email namaruzvidzo@gmail.com, copying hello@rlcounsel.co.zw
