Vendors4ED boss loses US$50,000 claim

A Kwekwe woman, Angela Nyathi, has lost her US$50,000 civil damages lawsuit against Electrosales Hardware after alleging that a male employee made sexually inappropriate comments to her while she was with her husband in the store.

Nyathi, a prominent figure in Kwekwe and the leader of Vendors4ED, sued Electrosales Hardware and its employee, Herbert Sithole, seeking damages for sexual harassment, defamation, and medical expenses. She had demanded US$45,000 for general damages, US$4,000 for defamation, US$500 for aggravating factors, and US$165 for medical costs incurred due to the alleged harassment.

The court heard that the incident occurred on June 5 last year, when Nyathi and her husband, Jabulani Msipa, visited one of the Electrosales branches in Kwekwe. While at the till, Nyathi picked up a water bottle and asked Sithole for its price. Sithole, who was the till operator, allegedly made sexually explicit comments, which Nyathi later described in her lawsuit.

Sithole's alleged comments included: "I am available for you… I can make you hot… I desire you on a weekend at your place or mine… I will undress you… You will remain naked…" The language used was detailed and highly sexual in nature, prompting Nyathi to take legal action against the hardware store for vicarious liability.

However, Electrosales Hardware, represented by prominent lawyer Patrick Nyeperayi, defended the case, arguing that the comments made by Sithole were not within the scope of his duties as a till operator. Nyeperayi contended that Sithole had acted independently and not on behalf of the company, emphasizing that the hardware store had immediately suspended him and conducted a disciplinary investigation, leading to his dismissal.

Sithole, in his defense, denied the allegations of sexual harassment, claiming that he regarded Nyathi as a long-time friend and made the comments in a friendly, joking manner. He explained that he had known Nyathi for over ten years and had even bought lunch from her canteen in the past. Sithole suggested that Nyathi's lawsuit was motivated by a desire for financial compensation rather than a legitimate grievance.

The court was also informed that Sithole had been arrested and charged with disorderly conduct in a public place, later paying an admission of guilty fine.

Nyathi, in her testimony, described how the incident affected her health, citing a rise in her blood pressure and the loss of bowel control on the way home. She also alleged that her husband became angry and assaulted her over the incident, leading to further emotional distress. Nyathi said her reputation had been tarnished, and her marriage was at risk as her husband accused her of infidelity.

However, Nyeperayi argued that Nyathi's delay in seeking medical attention for her elevated blood pressure indicated that the incident may not have been the sole cause of her health issues. He also contended that Sithole's remarks were not related to Electrosales Hardware's business interests but were personal in nature.

In delivering the ruling, Kwekwe Magistrate Itayi Kagwere dismissed Nyathi's claims, stating that Sithole's actions were not connected to Electrosales Hardware's business. "By no stretch of imagination can it be said that discouraging a customer from purchasing Electrosales Hardware's products can be promoting the business of Electrosales Hardware," the magistrate stated.

Kagwere further emphasized that Sithole's actions appeared to be aimed at advancing his personal interests rather than serving his employer. The court concluded that Electrosales Hardware had acted appropriately by dismissing Sithole for his conduct.

As a result, Nyathi's US$50,000 lawsuit was dismissed, and she left the court without the compensation she had sought.