Mkoba Teachers’ College Administrator Ordered to Pay US$2,500 in Adultery Damages

A Gweru Civil Court has ordered a Mkoba Teachers’ College administrator to pay US$2,500 in adultery damages after finding that she engaged in an adulterous relationship with the institution’s married vice principal. The court ruled in favour of Chipo Musarurwa, who had sought compensation for emotional distress, humiliation and injury to her dignity arising from the affair.

The case was brought by Chipo Musarurwa against Shylet Mushayavanhu after alleging that Mushayavanhu had an adulterous relationship with her husband, Joseph Musarurwa, who is the vice principal at Mkoba Teachers’ College. Chipo had initially claimed US$20,000 in damages before the matter was heard by the court.

In her judgment, magistrate Paida Mafusire found that Mushayavanhu knowingly entered into a relationship with a married man. The court concluded that her actions caused emotional suffering, humiliation and injury to the plaintiff’s dignity.

Delivering the judgment, Mafusire said the defendant’s conduct went beyond the affair itself. “The defendant went further and informed the plaintiff that the reason she was no longer enjoying conjugal relations with her husband was because the defendant herself was sleeping with him,” the magistrate said.

Mafusire added that the defendant’s conduct showed a disregard for the plaintiff’s marriage. “Such conduct was a blatant disregard of the sanctity of the plaintiff’s marriage and was calculated to humiliate the plaintiff and cause her emotional distress,” she said.

The court accepted medical evidence presented during the proceedings showing that Chipo Musarurwa suffered emotional trauma that resulted in illness. According to the judgment, the emotional distress forced her to seek medical treatment and take sick leave from work.

Evidence before the court also showed that the relationship became widely known among colleagues at the institution. The court found that this exposed the plaintiff to embarrassment and public humiliation, which formed part of the damages considered in the case.

Court records further showed that before filing the lawsuit, Chipo Musarurwa had demanded compensation from Mushayavanhu. However, the demand was not answered, leading her to institute legal proceedings before the Gweru Civil Court.

Although Joseph Musarurwa was not cited as a party to the proceedings, the court noted that his relationship with the defendant formed the basis of the dispute before the court. In assessing damages, Magistrate Mafusire said the defendant had shown no remorse for her actions and had not offered an apology, factors that weighed against her during sentencing.

However, the court also found that the US$20,000 sought by the plaintiff was excessive and not supported by the evidence presented. At the same time, the US$1,000 proposed by the defendant was considered unreasonably low. The court ultimately awarded US$2,500, describing the amount as fair and reasonable compensation for the humiliation, emotional suffering and injury to Chipo Musarurwa’s dignity resulting from the adulterous relationship.