MINISTRY of Foreign Affairs permanent secretary Ronald Simwinga and Lusaka businessman Lombe Okpara have agreed to a settlement that the former pays K100,000 on grounds that no evidence of adultery shall be produced in court between him and the latter’s wife, Musamba Mulenga.
This is in a matter where Okpara has petitioned Mulenga for divorce for engaging in adultery with former permanent secretary for Central Province Patrick Mwanawasa and Simwinga.
According to a consent order, it has been agreed by mutual consent between Okpara and Simwinga, who is the first co-respondent in the matter that the latter shall pay K100,000 as full and final settlement of the matter with regard to the claims against him.
It has been agreed that Simwinga shall be struck out from the proceedings as first co-respondent and the petitioner shall not commence any other action based on the same and similar, previous facts against the first co-respondent upon execution of the consent order.
“The petitioner shall not avail evidence linking the first co-respondent directly in regard to the settled matter,” read the consent order.
“Each party shall bear their own costs.”
However, the consent agreement signed by both parties has not been endorsed by High Court judge Nicola Sharpe-Phiri.
Last month, Simwinga, in his answer to the petition, said Okpara had failed to establish that he engaged in adultery with his wife, therefore it would be unjust of the petitioner to be awarded damages.
Okpara in his petition for dissolution of marriage contended that his wife admitted committing adultery with Simwinga and Mwanawasa therefore he found it intolerable to continue living with her upon discovering that she had engaged in adulterous acts and that he immediately asked Mulenga to leave the matrimonial house in November 2018 and they have since been living separately.
OKpara cited unreasonable behaviour among other reasons, claiming that Mulenga arranged and hosted a party for Simwinga at her sister’s house and convinced him that it was a kind gesture to appreciate him (Simwinga) for the favours that he did for her family.
The petitioner said his wife asked him to be present at the party and entertain the guests, little did he know that the primary guest was actually Mulenga’s sexual partner.
“The respondent would remain with keys to the first co-respondent’s (Simwinga) house when he was going out of the country. The respondent (Mulenga) admitted that she has been in an intimate relationship with the first co-respondent since 2016. In October 2018, the respondent complained to the first co-respondent for not updating her about his flight schedules connecting from Johannesburg to which he apologised for the omission,” read part of the petition.
Okpara stated that Mulenga would bring men to their matrimonial house whenever he was out of the country to perform his duties and got her cooked food and takeaways.
He further contended that Mulenga would receive lingerie sets as gifts from other men, and she would talk on phone with men friends whom she had relations with in the hearing of the children of the family.
Okpara claimed that during a private meeting requested by his wife on November 27, 2018, she confessed to having committed adultery with Mwanawasa and Simwinga.
He stated that Mulenga indicated that for Mwanawasa it was just that she wished it would never have happened while for Simwinga she confessed having sex with him once in 2016.
The petitioner stated that during the said meeting, he discovered that his wife had maintained an intimate relationship with Simwinga since 2016.
But Simwinga denied having committed adultery with Mulenga saying he shall put the petitioner to strict proof.
He also denied ever leaving the keys to his house with Mulenga.
“The petitioner has failed to show the respondent (Mulenga) and the first co-respondent (Simwinga) allegedly committed adultery. The first co-respondent objects to the prayers by the petitioner as the petitioner has failed to establish adultery and it will be unjust if the petitioner were to be awarded damages,” stated Simwinga.