The viral video of the Astronomer CEO and HR Chief at a Coldplay concert, seemingly caught in an illicit embrace, has ignited conversations worldwide. Beyond the spectacle and the immediate embarrassment, this incident painfully highlights the profound impact of infidelity on a marriage. For the spouses involved, discovering such a betrayal, especially in such a public manner, is devastating. But what happens when an affair rocks your world in Zimbabwe? The good news is our legal system provides a remedy. In this write-up, we will explore the legal definition of adultery in Zimbabwe and delve into the key considerations courts examine when assessing claims for adultery damages.
What is Adultery?
Adultery is sexual intercourse between two people where one of the parties or both are married to someone else at the time of the intercourse.
One of the requirements before an award of adultery damages can be made is that the adulterer must have been aware of the existence of a marriage between the Plaintiff and his or her spouse. – per the Zimbabwean case of Manyami v Takamapihwa HH-631-20.
Why do courts award adultery damages?
The purpose of adultery damages is primarily to compensate the innocent spouse for the harm suffered due to the adulterous act of a third party and to uphold the sanctity of the institution of marriage.
What damages can be claimed?
An aggrieved spouse is entitled to claim damages for the loss of love, affection, companionship, sexual privilege and assistance in good or bad times which a spouse is entitled to expect from his or her spouse. With medical proof, an aggrieved party can also claim damages for any mental breakdown which may have arisen out of the adultery. In legal parlance, this claim is referred to as a claim for loss of consortium.
An aggrieved spouse can also claim damages for infringement of privacy, dignity and reputation. This claim is referred to as a claim for contumelia.
How much is awarded in adultery damages claims?
The quantum of damages which is awarded by the court is not cast in stone. The quantum is influenced by the following factors[1];
- The character of the man or woman involved;
- The social and economic status of the aggrieved spouse;
- Whether the Defendant has shown contrition and has apologised;
- The need for deterrent measures against the adulterer to protect the innocent spouse against contracting sexually transmitted diseases such as HIV from the errant spouse.
Conclusion
The viral incident involving the Astronomer CEO and HR Chief emphasises the devastating personal consequences of marital infidelity. In Zimbabwe, however, the legal system stands ready to address such wrongs. Adultery, defined as sexual intercourse where at least one party is married, allows for a claim against the third party who knowingly intruded on a marriage. The courts, in awarding damages for contumelia and loss of consortium, not only aim to compensate the innocent spouse for their profound hurt and loss but also to reinforce the institution of marriage and deter others from similar conduct. Remember, while the quantum of damages varies based on specific case factors, the principle remains: your marriage has legal protection, and you have the right to seek justice.
Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. For specific legal guidance regarding your situation, please consult with a qualified legal professional.
[1] See Munyebvu v Musvibe HH-292-22