WILD Statement on the sexual harassment judgment in the case of Rita M Mbatha v Farai B Zizhou & Another

Women’s Institute for Leadership Development (WILD) commends the ground-breaking High Court ruling by Mafusire J in the case of Rita Marque Mbatha versus Farai Bwatikona Zizhou and Confederation of Zimbabwe Industries.This ground-breaking ruling has set a precedent in the adjudication of sexual harassment cases by advancing women’s rights on equality as set out in Sections 17, 56 and 80 of the Constitution of Zimbabwe. In the case, the court ruled in favour of the applicant, Rita M Mbatha by awarding her damages in the sum of USD 180 000 on a sexual harassment lawsuit after she had been in and out of arbitration processes for close to 2 decades.

In the case, the plaintiff Rita M Mbatha instituted proceedings on sexual harassment against Farai B Zizhou (the first defendant) and Confederation of Zimbabwe Industries (the second defendant). In her application, the plaintiff outlined how she suffered sexual harassment at the work place which happened between 2002 to 2003 when she was employed by Confederation of Zimbabwe Industries (CZI). The plaintiff highlighted that sexual harassment of female employees at the said work place was rampant with the perpetrators getting away with it as a result of the power dynamics and weak complaints handling mechanisms. In her application, Mbatha submitted that Zizhou who was the Chief Executive Officer was the sole culprit and highlighted that during the 9 months of her employment with CZI she suffered sexual harassment in the form of inappropriate touching, unwelcome offensive jokes, receiving offensive telephone messages, receiving pornography on the computer and an attempt to kiss by force.

As a result of the sexual harassment, the plaintiff suffered psychological damage and severe posttraumatic stress disorder. According to a medical report her pain was acute, with chances of recovery rated as being very poor. She also suffered physical and emotional pain, which resulted in anger issues. The applicant who was also pursuing a law degree ended up dropping out as a result of the ordeal. Furthermore, being out of employment and without a steady income, she had to sell her immovable property to finance medical bills, legal costs and the general upkeep of her family. The situation was further worsened by the defendants’ conduct after her unfair dismissal, she could not secure alternative employment as a result of the defendants’ negative testimonials to her potential prospective employers.

The concerning aspect of the case is that the power balance and socio-economic dynamics between the plaintiff and the first defendant were continually used to silence and suppress her. The defendant was the Chief Executive Officer and she was his personal assistant and he had immense power over her. When litigation commenced, it was intentionally stalled by the defendants to avert justice. It is now almost two decades since the incident happened and it is only through Mbatha’s persistence that the case has remained alive in the legal system.

The Constitution of Zimbabwe provides that every person has inherent dignity in their private and public life, and the right to have that dignity respected. It is clear that sexual harassment, especially at the workplace, strips the victim of his or her dignity. It degrades her, it turns her into an object of sexual gratification. It strips her of her right to personal security as contemplated by Section 52 and Section 53 of the Constitution. Section 52 says every person has the right to bodily and psychological integrity, which includes, among others, the right to freedom from all forms of violence from public or private sources. Section 53 guarantees the freedom from, among other things, inhuman or degrading treatment. Therefore, a claim for damages for sexual harassment is an attempt to claim these constitutional and other rights violated by acts of sexual harassment.

On October 20 2021, Mafusire J finally ruled in the applicant’s favour and the order was made to the effect that the first defendant shall pay the plaintiff the sum of USD180 000-00 or the equivalent thereof in local currency, convertible at the inter-market bank rate at the time of payment. The first defendant was also ordered to pay the plaintiff’s costs of suit.

In light of the above, WILD would like to commend the Zimbabwe justice system for this ground-breaking judgment which comes at a time when the world is commemorating the 16 days of activism against GBV. The judgment is progressive in ensuring that GBV is addressed and recourse made for the protection of women. Over the years, sexual harassment has been rampant especially towards women in the workplace with survivors being forced to keep quiet for fear of being victimised. This judgment has set a precedent which WILD hopes will be upheld in all cases of a similar nature to protect women from violence in the workplace.

The Labour Act which is currently in the process of being amended, provides for and criminalises all conduct amounting to sexual harassment as a means of providing safe spaces in the workplace. It is the hope of WILD that the existing legal framework and the precedent set out in the highlighted case will be consistently interpreted to protect the rights of women in the workplace and in all other spheres from sexual harassment so that they are able to reach their full potential.

WILD calls upon authorities and stakeholders to ensure that the fight against GBV and sexual harassment, goes beyond the 16 Days of Activism Against GBV annual campaigns. Taking note of the women’s movement towards the recognition of the rights of women in all spheres of life, this ground-breaking judgment is a step forward in ensuring the protection of women so that they can actively participate in public processes in various spheres without fear of victimisation.

The organisation encourages victims and survivors of GBV especially women and girls to speak out against practices and stereotypes that perpetuate abuse. As stated in the Constitution of Zimbabwe, women have the right to fair, safe labour practises and satisfactory conditions of work.