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Chronicle Reporter
JOHANE Marange (Simon Branch), leader, Clement Momberume’s appeal for the dismissal of the adultery claim against him was last week overruled by a Bulawayo magistrate.
Momberume, who is facing a $10,000 adultery lawsuit from his nephew, Jasper Dhliwayo, appeared before Bulawayo magistrate Victor Mpofu and was represented by his lawyer, Shepherd Mazibisa of Cheda and Partners.
Mpofu dismissed Momberume’s appeal citing justice Chinhenga’s ruling on a similar case.
“The court is inclined to follow the view of justice Chinhenga expressed in Gwatidzo versus Masukusa 2000 (2) 21R 410 (H) at 414. The learned judge argued against disregarding customary marriage,” said Mpofu.
He said customary marriages are recognised in Zimbabwe where many couples have not registered their customary unions.
Mpofu said that the law recognises both customary and civil marriages.
“The intention of the legislature in providing the wording of Section 3 (5) of the Marriage Act Chapter 5:07, is not to simply outlaw the institution of a customary union.
“To do so would be to erode the moral and social fabric of the African society and families even in the modern day in which a considerable number of customary marriages are unregistered,” said Mpofu.
He said said the objection by Mazibisa representing Momberume was inconsistent with the legal regime recognised in Zimbabwe which covers custom as well.
Momberume is alleged to have slept with Dhliwayo’s wife, Vilakazi after telling her that Dhliwayo was on HIV therapy. He allegedly booked a room at a hotel where he slept with Vilakazi who is alleged to have been drunk at the time.
derick.khumalo