Once upon a time there was a married couple. They couldn’t have been too happy about being married, because the wife went and had an affair. The husband was very upset by this, and obviously the whole situation ended up in court. The court then told the man who had the affair with the wife to pay the husband R75 000 in damages (keeping up?).
The man then appealed this at the Supreme Court of Appeal (SCA). The final ruling? He doesn’t have to pay the R75 000.
“In the light of the changing mores of our society, the delictual action based on adultery of the innocent spouse has become outdated and can no longer be sustained.”
So go out into the world and be free. Be with anybody you choose. Break up unhappy marriages and have some fun.
Judge FDJ Brand explained that the new ruling “was to ensure that defendants were not legally liable for their actions”. So as long as you’re not the one cheating on your partner, you’re all good. He explains it more by saying “it is after all the guilty spouse, not the third party, who solemnly undertook to remain faithful and who is bound by a relationship of trust”.
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