In a landmark ruling, the High Court has awarded Dr Viola Dhudhla, an elder at the Apostolic Faith Mission (AFM) Church and a retired lecturer from Great Zimbabwe University (GZU), a record US$25,000 in damages for adultery.
The decision follows her lawsuit against her husband’s mistress, Euginia Machaya, a villager from Chiredzi, for US$50,000 in compensation for loss of consortium and contumelia.
Consortium refers to the companionship, affection, and support one spouse provides to the other in a marriage, while contumelia refers to the harm, suffering, or humiliation that a person experiences due to the wrongful actions of another.
Justice Joel Mambara, in his judgment, acknowledged that the previous highest award for adultery had been US$20,000, but went on to grant Dr Dhudhla US$25,000, with the additional cost of the lawsuit being placed on the defendant.
The judge noted that the nature of the case, compounded by the long-standing marital betrayal, warranted a higher sum.
Dr Dhudhla, who appeared before the court, explained the emotional and financial devastation she had suffered as a result of her husband’s actions.
She told Justice Mambara that Augustus Ratidzo Machingura, her husband and a war veteran and sugarcane farmer in Chiredzi, had effectively stripped her of all spousal rights, surrendering them to Machaya.
In addition to his affair, Machingura had taken the Mitsubishi Colt vehicle that Dr Dhudhla had been using, leaving her to rely on public transport, while purchasing a new Toyota Allion for his mistress.
The pain, Dr Dhudhla stated, was akin to a “sharp knife cutting through her heart” as Machaya inserted herself into a 41-year marriage.
The betrayal did not end there—Machingura removed his wife as a signatory to their business bank accounts, replacing her with Machaya, and even removed Dr Dhudhla, along with their children and grandchildren, from the Tongaat Huletts Medical Aid, adding Machaya, her two children, and even those she had from a previous relationship.
Dr Dhudhla, who suffers from various health issues, including depression, diabetes, and hypertension, revealed that she had to fight in court for maintenance, which she now relies on for survival.
Meanwhile, her husband resides with Machaya in Gutu, and despite his legal obligation to pay maintenance, Machingura had absconded, resulting in his arrest.
In his ruling, Justice Mambara awarded Dr Dhudhla US$25,000, with US$16,000 allocated for contumelia and US$9,000 for loss of consortium.
The judge also noted the complete absence of remorse from Machaya, who had been involved in an affair that not only wrecked a stable marriage of over four decades but also led to the birth of two children outside of the marriage.
The case was unopposed, and Dr Dhudhla was represented by Pauline Chimwanda of Saratoga Makausi Law Chambers.
More: The Mirror
Back to top