MASVINGO – In a groundbreaking ruling that is set to send ripples through Zimbabwean legal circles, the Harare High Court has awarded US$25,000 in adultery damages to Dr Viola Dhudhla, an AFM Church elder and retired Great Zimbabwe University (GZU) lecturer.
Justice Joel Mambara presided over the case, granting Dhudhla the substantial sum after she sued Euginia Machaya, described as a “mere villager” from Chiredzi, for US$50,000. The claim encompassed both loss of consortium (the breakdown of the marriage due to the adulterous relationship) and contumelia (the indignity, insult, and harsh treatment suffered).
The landmark judgment not only sets a new precedent for adultery damages in Zimbabwe, surpassing the previous high of US$20,000, but also orders Machaya to bear the legal costs of the suit.
Dr Dhudhla presented compelling evidence to Justice Mambara, detailing how her husband, Augustus Ratidzo Machingura, a war veteran and sugarcane farmer based in Chiredzi, had effectively transferred all spousal rights to Machaya. She testified that Machingura had deprived her of a Mitsubishi Colt previously used by her, forcing her to rely on public transport, while simultaneously purchasing a brand new Toyota Allion for Machaya.
The pain and humiliation inflicted by Machaya’s intrusion into her marriage, Dhudhla said, was akin to “a sharp knife cutting through her heart.”
Further compounding her suffering, Machingura removed Dhudhla as a signatory to their business bank accounts, replacing her with his mistress. In a particularly callous move, he also removed Dhudhla, their children, and grandchildren from their Tongaat Huletts Medical Aid, substituting them with Machaya, her two children, and children from a previous relationship.
Health Struggles and Maintenance Battles
Dhudhla, whose health is failing due to age, depression, diabetes, and hypertension, has been forced to fight for maintenance in court, relying on these payments for her survival. Meanwhile, Machingura has taken up residence with Machaya in Gutu. Adding insult to injury, Machingura has reportedly absconded on maintenance payments, leading to his arrest.
In delivering his judgment, Justice Mambara allocated US$16,000 of the award for contumelia and US$9,000 for loss of consortium. He highlighted the defendant’s complete lack of remorse for wrecking a stable marriage of 41 years, as well as the blatant nature of the adultery, which resulted in the birth of two children. The case was unopposed, further underscoring Machaya’s culpability.
Dhudhla was represented in court by Pauline Chimwanda of Saratoga Makausi Law Chambers.
Changing Economic Realities
“The court is satisfied that an award modestly above the most recent ceiling of US$20 000 is justified to reflect the changing economic realities and the egregious facts of this case,” Justice Mambara stated.
Dhudhla, in her testimony, described the devastating impact of the adulterous relationship on her life. “From 2019 when I became aware of the adulterous relationship, I have been in and out of hospital due to diabetes, depression and hypertension,” she said.
“I submit that, due to the respondent’s actions my 41-years-old marriage with my husband is now at the verge of collapsing. I have suffered injury, insult, loss of dignity and integrity in society. Respondent has managed to isolate my husband from our children and grandchildren. The relationship between my husband and respondent and our children is deteriorating since he no longer comes homes or neither does he call them,” Dhudhla added.
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