Adultery damages
Should we really sue someone (an adult for crying out loud) for having an affair with a married man or woman? Aren’t these adultery damages archaic? What is your take on these damages?
What does the law say pertaining these damages?
Adultery damages are legal. Justice Mwayera in a recent judgment ruled that, “adultery damages are a legal claim which is meant to protect the sanctity of marriage”. She stated that decisions of foreign courts to declare such damages unconstitutional were not binding in Zimbabwe. In terms of Zimbabwe policy and values, adultery remains wrongful and unlawful as it serves to compensate the injured party. She expounded that the marriage institution is founded upon morals and the Constitution which is the supreme law of the country that protects that very morally, underpinned relationship. Intrusion in the marriage institution by adultery therefore remains wrongful and there is nothing unconstitutional about an adultery damages claim.”
Who can sue for adultery damages?
The type of marriage determines who can sue for such damages. In a Civil Marriage [Chapter 5:11], the husband or wife can sue a third party for the said damages. In a Registered Customary Law Marriage [Chapter 5:07], it is only the husband who can sue the third party because such marriage is potentially polygamous (it allows a man, if he so wishes to marry more than one wife but the woman cannot do so). Pertaining an Unregistered Customary Law Union (UCLU), this union is not registered but lobola has been paid, in this union, only the man can claim adultery damages since the union is also potentially polygamous and women in these unions have no right to sue for adultery damages.
Who can be sued for adultery damages?
Unfortunately the law provides that, it is only the third party who can be sued for adultery damages. The third party is the person who interferes into the marriage of the spouses.
South Africa recently outlawed these damages. Should we follow suit? Should spouses be responsible for protecting and safeguarding their marriage rather than making a legal claim against someone for having a consensual affair with her husband or his wife? Why sue the third party and not the adulterous spouse for adultery damages?.
SONIA R. FASHI
what if a UCLU married woman has an adulterous affair with a married man, and her husband claims for damages, and the village court grants the man compensation, why can,t the other woman whose husband had an adulterous affair
sue for compensation from the adulterous woman