In a recent ruling by the High Court in Masvingo, it was determined that a married spouse without title deeds does not have the authority to evict their spouse’s lover from the matrimonial home.
Justices Garainesu Mawadze and Sunsley Zisengwe granted the appeal, with Justice Zisengwe delivering the judgment. He stated that a spouse without legal ownership can only seek damages and lacks the legal standing to evict their spouse’s lover.
Justice Zisengwe expressed dissatisfaction with the current law, as it undermines women’s rights and contradicts the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), which Zimbabwe has ratified. Zisengwe said:
I find the proposition that a husband is at liberty to bring live-in girlfriends into the matrimonial home with impunity is inimical to the principle of equality between the sexes and appears to be providing a right carte-blanche to men to bring into the matrimonial home live-in mistresses.
Not only does that offend the express provisions of the Constitution as aforesaid, but also runs contrary to the ideal spouse in the CEDAW which Zimbabwe has ratified.
A married woman should not be placed in the invidious and inequitable position where she is compelled to choose between continuing with the marriage and endure this kind of severe emotional abuse or simply get a divorce.
Alongside a claim for adultery damages against a paramour and an action for divorce against the husband, a married woman should also have recourse by way of eviction against a woman who literally hops into the matrimonial bed with her husband.