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Adulterous church leader who bedded nephew's wife to pay $10K

by Thandeka Moyo
02 Sep 2014 at 05:59hrs | Views

JOHANE Marange (Simon branch) leader, Clement Momberume who bedded his nephew's wife will pay him $10,000 for adultery after the High Court upheld a decision by a lower court.

Bulawayo Magistrate Victor Mpofu had earlier ordered Momberume to pay Jasper Dhliwayo $10,000, for the adultery, but the church leader through his lawyer Sindiso Mazibisa applied to the High Court and the appeal was dismissed.

In his $10,000 lawsuit, Dhliwayo said his uncle who is the leader of an apostolic church with 500 members resides in Mutare, but occasionally comes to Bulawayo bedded his wife in 2012.

"In August 2012 he came and I met with him as usual and introduced him to my wife. He immediately asked for her number and took a picture of her. He then started communicating with my wife whenever he was in Bulawayo," he said.

He also said Momberume then arranged with his wife, Mavis Sungayi Vilakazi to spend time at a Bulawayo hotel.

"He bought wine for my wife and bottled water for himself and told my wife about me as if he was prophesying. He told her I was responsible for the three miscarriages she has had. He said I have sex with her for ritual purposes and claimed I am on ARVs. Momberume also told my wife that when she is having sex with me she would be sleeping with a baboon," Dhliwayo claimed in the lawsuit.

Momberume appealed for dismissal of the adultery claim saying that Dhliwayo's marriage to Vilakazi is not legally binding.

He argued that the man has no right to claim any adultery damages against anyone as he is only customarily married to Vilakazi.

Customary marriages were only recognised for specific purposes like custody and rights of children, guardianship or for distribution of assets, Momberume's lawyer added.

"Dhliwayo has no cause for action. His basis is that he is customarily married to Vilakazi but that marriage clearly does not conform to the Marriage Act 5.07. In other words the marriage is not solemnised in terms of Section 3 (5) of the Customary Marriage Act," said Mazibisa.

"Whoever engages in any sexual relations with Dhliwayo's wife cannot be sued because he has no rights therefrom," he said.

Dhliwayo objected to Mazibisa's appeal saying Momberume had sexual intercourse with his wife when they were and are still married.

Magistrate Mpofu ordered Momberume to pay Dhliwayo $10,000.
Source - Chronicle