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South Africa Legalises Adultery: Now People Can Have Sex With Countless Partners
Last week the Constitutional Court ruled that the law had no place in extra-marital affairs.
Wronged spouses can no longer sue for damages in the event of an adulterous affair. The court stated that there can be no monetary value placed on marital fidelity and the third party involved in the infidelity can not be sued for damages.
“I am led to the conclusion that the act of adultery by a third party lacks wrongfulness for purposes of a delictual claim of contumelia and loss of consortium it is not reasonable to attach delictual liability to it.
That is what public policy dictates. At this day and age it just seems mistaken to assess marital fidelity in terms of money.”
This was recorded in a written judgement.
The case that brought this ruling about is that of a woman referred to as Mrs H in court documents who left her marital home and her spouse Mr DE in March 2010.
Evidence showed that Mrs H left after years of serious problems including physical assault and rape. She then began a relationship with a Mr RH which led to her husband suing Mr RH for a R1 million for the “insult” of the “infidelity” as well as for the “loss of comfort and society of his spouse”.
The written judgement continues to say:
“In the present case, the breakdown of the marriage was as a result of a failure by the spouses themselves to sustain their marriage and thus it would be inappropriate for the courts to intervene. In contrast, maintaining the claim in our law would infringe on various rights of adulterous spouses and the third parties, including the rights to dignity and privacy. Accordingly, adultery should no longer be punished through a civil damages claim against a third party,” the judgment said.
South Africa has joined a string of countries all over the world including England, New Zealand, Scotland, and Canada amongst many, where adultery is no longer a criminal offence.
Some of the African countries where it is still a legal offence are Cameroon, Kenya, Botswana, Namibia, and Zimbabwe.
Posted by
kakolwe
June 24, 2015 at 2:10 pm
A decade ago, I read a brochure that said, “the only way you can get rid of man’s peace & unity is by destroying the family fabrics”. The strategy outlined the following:
1. Enhance children’s rights
2. Clear all religious & traditional norms.
3. Make sex a public spectacle.
4. Get rid of Godly supremacy.
5. Increase Global Loyalty as you diminish family or national loyalty
Czar
June 24, 2015 at 2:13 pm
And South Africa is leading the way in that regard in Africa. Sad thing is that they pride themselves in such things!
Nikambeko
June 24, 2015 at 10:25 pm
…and then other foolish African countries will blindly follow!! God help us.
Nkandla Princess
June 25, 2015 at 8:16 pm
MSHINI WAM WE BABA!!!!
Beautiful Moma
June 24, 2015 at 3:38 pm
I am glad to find someone who pays attention to such. I have read something in line with what you have mentioned, it makes me sad to see it being fulfilled especially by people who choose to follow blindly. It won’t be an asteroid to wipe us out like the dinosaurs, it will be ourselves.
kakolwe
June 24, 2015 at 10:32 pm
Yes, dear Beautiful Moma, that is really the Sad part. The biggest culprit is actually the educated or enlightened ones who may even manage to propagate this rubbish as the truth to the ignorant and the not-so- educated.
Ken
June 24, 2015 at 3:08 pm
“I am led to the conclusion that the act of adultery by a third party lacks wrongfulness for purposes of a delictual claim of contumelia and loss of consortium it is not reasonable to attach delictual liability to it.
Law terminologies for us.
IF NOT
June 24, 2015 at 3:11 pm
married people in trouble, sad development
Puungwa
June 24, 2015 at 3:59 pm
Bonkland:-D:-D
chimbwi
June 24, 2015 at 4:18 pm
Bonk thy neighbor. Amen.
club zero
June 24, 2015 at 4:22 pm
Its a f***king place with f***kin pipo,with fat ass btches
dackson
June 24, 2015 at 5:51 pm
dziko yasila bane lets just turn to God in repentance and he will forgive and heal our land other wise we are doomed .men will no longer respect other peoples wives and women will no longer respect other pipos husband as well as single ladies .its sad indeed.
Shaka Zulu
June 24, 2015 at 5:52 pm
Zambia should quickly follow suit. We are tired of being sued after enjoyment.
leopard
June 24, 2015 at 6:02 pm
Sad story for south Africans
ntoto
June 24, 2015 at 8:03 pm
sad news indeed
forgive them
June 24, 2015 at 8:33 pm
Ifyale chitika mu sodom and gomola efilechitika watchout
monk
June 24, 2015 at 8:42 pm
This is what de muzungus can do to an African. New colonialism thru human rights. No regard for God. Sad indeed
kyafukuma
June 24, 2015 at 9:08 pm
Iwe Kakolwe wanjisula amenso
kakolwe
June 24, 2015 at 10:12 pm
Yes, my friend, most of the isms or freedoms being propagated from the West are actually transit through ways to a point towards a carefree world. Woe is that person who swallows every trash from the west as a model to humanity. Especially @NEZ who feels that everything from the west is the best.
New Educated Zambia©
June 24, 2015 at 10:44 pm
kiki you seem obsessed with me mune. Ulishani iwe muntu?
kakolwe
June 25, 2015 at 7:02 am
That’s what we call friendship! You are obsessed by your pals. We are always together here! We are friends. Though we sit on opposite sides of the invisible gas fence, we belong together. Actually, I can defend your life if it was threatened by Davies Chama by saying “Imwe, kalekeni ka NEZ, kapuba kandi! Kalangumfwisha bwino!” Good morning @NEZ, Kwati like so, Hello Haters natonse utupuba twandi utwamu U Pee!!
tutu
June 24, 2015 at 9:52 pm
way to go ba saube,zed pliz follow suite..pantu fwebambi tulatina sana ukutwalwa kuchilye!! ala bakulatombwa bumukabene dibili dibili nafuti nafuti nankwe nankwe ubwaila no bwacha,elo umulume nganponona namutwala nakuchilye
kalembe kafyuke
June 25, 2015 at 12:36 am
Jesus Lord,come and rule this leaderless sinful world.
James Walala
June 25, 2015 at 4:13 am
Guys, the ruling does not say that adultery is right. It only emphasises the fact that pipo involved are normally consenting adults who must have known what they were doing. The ruling will help prevent irresponsible spouses from enriching themselves by colluding with their wives in wooing the rich men so that they get the compensation as is the case in most zambian rural areas. The case also indirectly points the victim to the biblical way whic gives recourse to divorce or forgiveness. No moetary valu can be placed on infidelity, very true.
nard cilla
June 25, 2015 at 4:57 am
is that development????inshita shakulekelesha
Kalyobwele
June 25, 2015 at 9:43 am
1stly the STATE does nt decide wat U eat,dres or whre U go.
Blind leaders wil owez lead de blind…& fools wil folo
2ndly, hweva U chuz to Live Life…ts all abt U & U mst B ready to bear de consequencies
3dly….Evil at stek…de Devil @work….SA is jst anatha opium & miror of Destruction…Bware
Daily Drinking Officer
June 25, 2015 at 9:52 am
This is a correct ruling,if there is adultery just divorce even the bible allows.
the3y3
June 25, 2015 at 11:53 am
I have always wondered why only one party to an adulterous affair, mostly the man, has been the one penalised/fined for it. Clearly adultery often and is always committed by two consenting adults. This is not to say I support the direction SA has taken on this matter but just that I think men as much as women should be fined.
Vusi
June 25, 2015 at 12:53 pm
we also have the first nude beach in Africa
you can come and have fun
Mazombwe
June 25, 2015 at 1:49 pm
…way to go! Next, the courts will rule that “Its ok to have sex in public!” Thats SA for you—-its called HUMAN RIGHTS!
ba muntu.
June 25, 2015 at 6:33 pm
I find you with my wife your history and I mean it
Chief of Grief
June 25, 2015 at 7:14 pm
Nice move,we ought to emulate such pantu nganipa zed ba muntu balisangilamo survival nangula akalila.There’s nothin ati ama last dayz apa,ni fact chapwa!