Rita M Mbatha v. Farai B Zizhou and Anor

Nature of the Case

Pro-se plaintiff Rita Marque Mbatha sought damages from the CEO of Confederation of Zimbabwe Industries (CZI) and the company at large. The question before the Court was whether sexual harassment, as an actionable wrong under Zimbabwe labor law, could be an actionable tort for which a victim could seek damages. Ruling in favor of the plaintiff, the High Court held that sexual harassment not only violates the constitutional right to human dignity but also represents an actionable non-patrimonial loss for which damages can be recovered.

Enforcement of the Decision and Outcomes

Following the decision, the perpetrator appealed the case to the Supreme Court and filed a stay of execution to prevent his property from being sold for his debts. On January 24, 2022, the motion was declared not urgent and was struck off of the court’s roll. Subsequently, on February 2, 2022, the appeal was thrown out and the decision ruling in favor of the plaintiff stood.^[1]

[1] Farai B Zizhou v. Rita M Mbatha, [2023] Civil Appeal No. SC79/22 (Zim.)

Significance of the Case

This landmark decision represents a victory for all victims of workplace sexual harassment in Zimbabwe. The precedent set as a result of Rita Marque Mbatha’s tenacity in fighting systemic barriers allows for victims of harassment to seek damages against perpetrators of sexual harassment and the companies that shield them. The explicit recognition that sexual harassment violates the right to human dignity, the right to personal security, the right to bodily security, and the freedom against inhuman or degrading treatment found in the Zimbabwe constitution, codifies the severity of the damage victims face as a result of sexual harassment. The Court recognized the loss and mental anguish associated with sexual harassment, and further provided a pathway for victims to recover damages for violations of their constitutional rights.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.