Source: JUST IN: Adultery law under spotlight | The Herald 02 SEP, 2019
Fidelis Munyoro Chief Court Reporter
A Chinhoyi woman facing a US$ 35 000 adultery claim is seeking to challenge the constitutional validity of the law, which she says infringes upon her constitutional rights to freedom of association, privacy and equal protection of the law.
Ms Moreblessing Chabvonga is being sued for adultery damages for allegedly engaging in an extra marital relationship with Ms Jamiya Nyakudya’s now former husband, a former magistrate at Chinhoyi magistrates’ courts. Ms Chabvonga successfully stopped the civil trial before Justice Esther Muremba, saying she wants to challenge the constitutional validity of the common law delict of adultery.
Justice Muremba allowed Ms Chabvonga’s objection to have the trial proceed and referred the matter to the Constitutional Court to make a determination.
She did not fault in granting the request for referral of constitutional challenge to the highest court on the land so that it can pronounce itself for the benefit of our jurisdiction.
“Once that is done, the issue will be settled,” said the judge citing Section 2 of the Constitution, which states that “any law, practice, custom or conduct inconsistent with it is invalid to the extent of that inconsistency”.
In this grounding breaking case, the Constitutional bench will be asked to determine whether Ms Chabvonga’s argument that her rights to freedom of association, right to privacy and the right to equal protection to the law, is sustainable.
More to follow…