'Adulterous' woman testifies against hubby at court

A Harare woman at the centre of an alleged extramarital affair has openly defended her lover in court, portraying her estranged husband as "a rapist and bully."

Nyashadzashe Munyaradzi Maphosa testified in the case where her husband, Dingaani Thomas Mbondiya, is suing Christon Chiridza for adultery damages. The case, filed under HCHF7305/22, revolves around Mbondiya's claim that Chiridza destroyed his marriage.

Maphosa, who filed for divorce in 2022, told the High Court she endured years of abuse, humiliation, and degrading treatment at the hands of Mbondiya. "He would often come home drunk and force me to have sex with him. He insulted me in front of visitors and even called my mother a witch," she said. She added that her husband's intoxication often left him urinating or vomiting on himself, which she had to clean up.

Mbondiya's lawyer, Dube-Tachiona, objected to the testimony, arguing that it unfairly impugned his client's character and was irrelevant to the adultery claim. However, Justice Christopher Dube-Banda dismissed the objection, ruling that the evidence was both relevant and admissible.

"The defendant has a right to present evidence of the character of the plaintiff to dispute liability or in mitigation of damages," Justice Dube-Banda said. "To uphold these objections would result in an injustice and undermine the very basis of the justice system."

Mbondiya claims that Chiridza's affair with Maphosa caused the total collapse of their marriage. Chiridza, however, is using Maphosa's testimony to argue that the union had already broken down due to her husband's abusive conduct.

"The evidence of this witness about the cause of the breakdown of her marriage to the plaintiff is relevant and admissible," the judge stated. He noted that character evidence is permitted under Section 33(a) of the Civil Evidence Act [Chapter 8:01] in damages claims where reputation is directly at issue.

Justice Dube-Banda emphasised that the ruling pertains to admissibility, not persuasiveness. "Evidence is either admissible or inadmissible. Only after it has been admitted does its weight come into consideration," he said.

Maphosa's testimony is set to form a central part of Chiridza's defence, potentially shifting the focus from adultery to allegations of abuse, as the court examines the full circumstances surrounding the marriage collapse.