The ManicaPost
Lovemore Kadzura
Rusape Correspondent
A HEADLANDS woman was last week left distraught after a community court told her that men are allowed to marry as many wives as they wish after she had approached the traditional court with the intention of suing her husband’s alleged mistress.
Resinita Makukutu had dragged Nyasha Nyarai of Zambara Village, Headlands, to Chief Makoni’s court for allegedly dating her husband.
She wanted to be compensated with three cattle.
However, Resinita who is legally married to Jefter Makukutu under Chapter 5.11, left Chief Makoni’s court distressed after she was advised to approach the High Court for recourse.
Nyarai absconded the court hearing.
Sometime last year, Nyarai’s husband dragged Makukutu’s husband to the same court, accusing him of dating his wife.
However, the case was dismissed due to lack of evidence.
“Nyarai has been dating my husband, Jefter Makukutu, since 2014. I came across some love messages in my husband’s phone. The woman’s husband once reported my husband to this court over the two’s illicit affair but the case was thrown out due to lack of evidence.
“Nyarai and her husband have since divorced because of this affair and she has relocated to South Africa. I have messages that I extracted from my husband’s phone where he was chatting with Nyarai’s aunt. My husband listed down what he had bought for Nyarai when she wanted to end the relationship. He was complaining to the aunt. Jefter bought a fridge, a cow, five goats and clothes for her.
“He sent Nyarai’s kids to school and spruced up her parent’s homestead. He even promised to buy her a residential stand in Marondera,” said Resinita.
She added: “I once confronted Nyarai over the issue and she apologised. She promised to end the relationship, but their affair is still on.
“This Christmas holiday, she was back in Zimbabwe and she was with my husband. She hurriedly packed her bags and went back to South Africa after receiving summons to appear before this court.
“What hurts me the most is that my husband has never bought a residential stand for his family but intends to do so for Nyarai.
“We are married under Chapter 5.11. I want to be compensated with three beasts” she said.
To Resinita’s disappointment, the court ruled that she had brought her case before a wrong court.
In rubbing salt onto her wounds, the court said traditionally, Nyarai was not wrong in dating Makukutu.
“If you are married under Chapter 5.11 of the Marriage Act, this community court cannot hear your case. Only the High Court has authority to preside over disputes emanating from the said Act. Community courts preside over customary marriage issues. Keep the evidence you have and Nyarai’s former husband will be your key witness at the High Court.
“However, even if you were married under customary law, this court was not going to handle the matter. Men are allowed to marry as many wives as they want. That is acceptable and normal traditionally. A woman cannot sue another woman for adultery in a community court,” ruled Chief Makoni.
