Spurned Wife Wins $13k in Adultery Lawsuit Against Small House, Property Seized
A small house (mistress) in Zimbabwe is being forced to auction off her property after losing an adultery lawsuit brought against her by the wife of a prominent medical director. Ancercaria Taderera was ordered to pay $13,000 to Tatyana Shamu, the estranged wife of Amadeus Shamu, for damages related to her affair with the medical director.
Tatyana initially sued Taderera for $50,000, but was awarded $13,000 by High Court judge Justice Sunsley Zisengwe. The damages include $5,000 for contumelia and $8,000 for loss of consortium.
During the hearing, Justice Zisengwe expressed sympathy for Tatyana as she tearfully testified about the trauma she experienced. Tatyana recounted how her husband constructed a house for his mistress while she, as his wife, had no such luxury. She added that the affair had deeply hurt her.
Discovery of the Affair and Lawsuit
Tatyana discovered the affair between her husband and Taderera, which resulted in two children, and Taderera agreed to pay $5,000 that Shamu had spent on her and her family. However, Tatyana discovered that the affair was still ongoing in 2021 when she went to collect part of the $5,000 payment from Taderera, and she subsequently approached the High Court to file the lawsuit.
Taderera’s property, including a three-piece kitchen unit, four-piece sofas, one coffee table, one black TV stand, and Ecco Inverter with a grey battery, will be auctioned off by NT Auctioneers on Thursday at 143 Robertson St/ J.Tongogara Street, opposite Motor Sales from 10 am.
Controversy Over Adultery Laws in Zimbabwe
The culpability of third parties in adultery has been a contentious issue in Zimbabwe, with at least three cases referred to higher courts after defendants objected to the lawsuits. Some argue that suing a third party in an adultery lawsuit is archaic and illogical, as it targets an outsider rather than the partner who broke the marriage contract.
A case in July 2022 involved a woman who appealed to the Constitutional Court to rule that the attempt to sue her for $50,000 by her partner’s former wife was unconstitutional. The judge in the case considered whether the common law delict of adultery sued upon by the plaintiff is consistent with subs (1) of Section 56 of the Constitution insofar as it allows the plaintiff to sue the defendant while simultaneously precluding her from suing her former husband for the same acts upon which she sues the defendant. The judge also considered whether the common law delict of adultery, as sued upon by the plaintiff, serves any rational and justifiable purpose or object protectable under the Constitution 2013.
In Zimbabwe, adultery lawsuits have been a controversial topic for years, with some arguing for a change in the law. However, in this case, the mistress is being forced to pay damages for her involvement in the affair with the medical director, and her property is being auctioned to satisfy the judgment.