Adultery and Infidelity

30 Oct, 2015

On 24 September 2015, in the case of RH v DE, the Supreme Court of Appeal abolished the law allowing civil damages claims against a third party for adultery.

Whereas previously an innocent spouse was able to bring an action for damages against a third party with whom adultery was committed, both the Supreme Court of Appeal and the Constitutional Court found this law to be archaic and held that it was the duty of the spouses themselves to protect and maintain their marriage relationship. As a result of this ground breaking case, a claim against a third party for damages in the case of adultery is no longer part of our law.