High Court Awards Record $25,000 Adultery Damages Against Sugarcane Farmer’s Mistress

By A Correspondent | Masvingo – In a landmark decision, the High Court in Masvingo has awarded a record $25,000 in adultery damages against Eugenia Juvoringo Machaya, the mistress of prominent war veteran and sugarcane farmer Peter Machingura.

The award, the highest adultery damages granted by the Masvingo High Court to date, was made in favor of Viola Dhudhla Machingura, Peter’s wife of 41 years. Justice Joel Mambara issued the unopposed summons after Machaya’s defense was struck out for non-attendance at a pre-trial conference. Machaya’s subsequent application for rescission was deemed abandoned at the High Court sitting on April 23, 2025.

Viola, represented by Pauline Chimwanda of Saratoga Makausi Law Chambers, had initially sought $50,000 in damages. The court found in her favor after determining that Machaya’s relationship with Peter Machingura caused Viola severe emotional trauma, public humiliation, and loss of her role within the family.

According to court papers, Viola, a lecturer at Great Zimbabwe University and a respected church elder, now requires medical treatment for diabetes, hypertension, and depression, conditions exacerbated by the extramarital affair.

The sheriff has already prepared a writ of execution, and Machaya’s property will be auctioned if she fails to pay the $25,000 promptly.

Adding to the controversy, it is alleged that Machaya remains legally married to her first husband, further complicating the circumstances surrounding her relationship with Peter Machingura. The affair has reportedly produced two children.

The case has attracted considerable public interest, highlighting the emotional and financial costs of infidelity under Zimbabwean law.

Previous cases:

Here are five other Zimbabwean (and a few comparative) case law examples that deal with adultery damages-

1. Sithole v Sithole & Another 1991 (2) ZLR 575 (H)

• Summary: The court awarded damages against the third party (the adulterer) for emotional distress and alienation of affection.
• Importance: This case established that a spouse could sue a third party for adultery, emotional trauma, and loss of companionship.

2. Chinamasa v Chinamasa 1998 (1) ZLR 232 (H)

• Summary: In divorce proceedings involving adultery, the court considered emotional harm and financial prejudice.
• Importance: Affirmed that emotional suffering and public humiliation from adultery are compensable in damages.

3. Makiwa v Jani 1984 ZLR 132 (H)

• Summary: The plaintiff successfully sued for adultery damages after evidence of emotional harm and humiliation.
• Importance: This case discussed how damages should be assessed — considering public disgrace, personal distress, and the breakdown of marital affection.

4. Mapingure v Chivhuno HH-47-2012 (Zimbabwe High Court)

• Summary: Though primarily about damages for emotional and physical harm (not adultery specifically), it solidified that psychological suffering can justify substantial awards.
• Importance: Reinforced the principle that emotional distress can attract significant compensation.

5. Van Staden v Human 1983 (3) SA 614 (T) [South Africa, persuasive authority]

• Summary: The South African court considered adultery damages, focusing on the seriousness of the emotional trauma caused by a third party’s interference in a marriage.
• Importance: South African cases often influence Zimbabwean common law; this one underscores compensation for emotional and reputational harm.