How the Courts assess adultery damages in Zimbabwe

There is no basic formula to measure damages, especially adultery damages. The measure of something so personal, so close to someone’s social and economic status, reputation and honour, cannot be measured like ‘market-place commodities.

However, the courts have come up with a way to measure adultery damages in Zimbabwe. The level of damages that the courts have awarded, has been based on precedent, and comparable or similar cases,which have been brought before the courts for damages for contumelia and loss of consortium. Generally, the level of awards for both damages for contumelia and loss of consortium in Zimbabwe, have not surpassed USD$10 000. For instance, the courts have generally awarded damages for contumelia in the range of USD$800.00 – USD$5000.00

The factors the courts take when assessing damages for adultery

In assessing adultery damages in Zimbabwe, the courts have set out the following

1. a. the character of the woman or the man involved;
2. b. the social and economic status of the plaintiff and defendant;
3. c. whether the defendant has shown contrition and has apologized;
4. d. the need for deterrent measures against the adulterer to protect the innocent spouse against contracting HIV from the errant spouse
6. e. the level of awards in similar cases;
7. f. the decrease in the value of money;
8. g. whether plaintiff has suffered lack of consortium as well as contumelia.