Mistress ordered to pay US$13k adultery damages

Zim Now Writer

High Court Judge Justice Sunsley Zisengwe handed down probably the heaviest damages for adultery since the High Court in Masvingo was established in 2016, when ordering Provincial Medical Director, Dr Amadeus Shamu’s mistress, Ancercaria Taderera, to pay US$13 000 to his wife, Tatyana Shamu.

Justice Zisengwe said that he felt pity for Tatyana as she was on the witness stand and recounting her experience. Tatyana broke down as she narrated how her husband built a house for the mistress when she as a wife didn’t have any, adding that the adulterous relationship traumatised her.

“The plaintiff cast a sorrowful and pitiful sight on the witness stand as she recounted the humiliation, pain and indignity she had to endure on account of the adulterous relationship. As a consequence, she lapsed into a depression necessitating medical intervention,” said Justice Zisengwe.

Tatyana was represented by Grace Bwanya of Chihambakwe and Partners while Taderera was represented by Pauline Chimwanda of Nyavo, Ruzive Attorneys

Justice Zisengwe warned that the introduction of civil partnerships under the new Marriage Act, Chapter 5:15 last year does not remove the delict of adultery but was only introduced to deal with sharing of properties where a relationship had existed, adding that the existence of civil partnerships in the Marriage Act does not therefore, remove adultery as it serves a different purpose.

Justice Zisengwe further said that the delict of adultery was important in the laws to serve two purposes; as a deterrent to would be transgressors and therefore preserve the sanctity and protect marriages while damages from adultery give solace for the innocent spouse who is affected.

The relationship, which resulted in two children, started in 2011 and Tatyana discovered it in 2019. There was an out of court settlement in which Taderera paid US$5 000 compensation for monies and other favours that she had received from Dr Shamu after which Taderera would stop the adulterous relationship.

However, after the two continued with their relationship, Tatyana decided to sue for US$50 000, arguing that Dr Shamu and Taderera continued to communicate clandestinely, mostly at midnight when she was asleep. She said that the tone of their communication was cordial and romantic and Dr Shamu would abruptly end the conversations whenever Tatyana entered his room.

Taderera was a family friend, who worked at Dr Shamu’s surgery and this particularly hurt Tatyana as she would witness Dr Shamu pampering his girlfriend with gifts that she never received herself as his wife.

She added that Dr Shamu had bought Taderera a car and built her a house, something that he could not do for her as a wife. She also said that she no longer shared the same bedroom with her husband as a result of the affair.

The damages claimed for by Tatyana were for contumelia and loss of consortium. Justice Zisengwe granted Tatyana US$5 000 for contumelia US$8 000 for loss of consortium because her marriage had all but collapsed with the couple using separate bedrooms and living as strangers.

Justice Zisengwe noted that Taderera’s case was worsened by her lack of contrition as she claimed in court that Tatyana’s depression was not caused by the illicit relationship but by the war in Ukraine because she is Ukrainian.