Mashudu Netsianda, Senior Court Reporter
VICTORIA Falls Mayor, Councillor Somvelo Dlamini has been slapped with a $300 000 lawsuit by a local resident accusing him of engaging in an adulterous relationship with his wife.
Mr Shaktya Nyathi, is accusing Clr Dlamini, who is also MDC Alliance councillor for Ward 9 in the resort town, of having a love affair with his wife Mrs Sithabile Nyathi (nee Sibanda).
Mr Nyathi said their marriage was solemnised in terms of Chapter 5:11 of the Marriages Act before a priest at St Kizito Roman Catholic Church in Victoria Falls. The marriage date was however, not stated in court papers.
Mr Nyathi, through his lawyers Ncube Attorneys, filed summons at the Bulawayo High Court under case number 351/20, citing Clr Dlamini as a defendant.
In papers before the court, Mr Nyathi said his wife has since deserted their matrimonial home following his discovery of the illicit affair. He alleged that on various occasions and at different places, Dlamini and his wife Ms Sibanda committed adultery.
“On various occasions and at places not known to the plaintiff, the defendant and the plaintiff’s spouse committed adultery and a result of that, the plaintiff suffered contumelia damages, loss of comfort and his wife has deserted him due to wrongful and intentional actions by the defendant,” said Mr Nyathi’s lawyers.
He is seeking a total of $330 000 in damages for contumelia, loss of the comfort, society and services.
“Wherefore plaintiff claims judgment against the defendant for an order for payment of $180 000 for loss of consortium, $150 000 in damages for contumelia as well as payment of five percent interest on the total amount calculated from the date of summons to the date of full and final payment,” read the summons.
Mr Nyathi also wants the court to direct Clr Dlamini to pay the legal costs he incurred.
Clr Dlamini is yet to respond. He was recently arrested by Zimbabwe Anti-Corruption Commission (Zacc) for alleged abuse of office.
He is accused of forging title deeds of a housing stand in 2013 before illegally selling the stand for US$ 20 000.
Clr Dlamini acquired the residential stand for US$7 962 in Aerodrome area when he was first elected as a councillor in 2013.
He then allegedly sold the stand to one Ms Memory Sithole for US$20 000 in September 2017 without first paying for it at Victoria Falls Town Council.
He had bought the stand at 40 percent discount, but sold it to Ms Sithole at full charge.
Investigations established that at the time Clr Dlamini sold the stand to Mrs Sithole in 2017, there was no development and the accused had corruptly acquired a title deed which was used by the buyer to obtain a loan from CABS.
Clr Dlamini was remanded to February 25 on $1 500 bail. — @mashnets