In South Africa, adultery is not a crime, and it is only considered as grounds for divorce. So you cannot sue your spouse for committing adultery.
Can a third party claim civil damages for adultery?
The Supreme Court of Appeal ruled on 24 September 2014 in the case of RH v DE that the law allowing civil damages claims against adulterous spouses for loss of consortium was unconstitutional. This was due to a lack of a rational connection between adultery and loss of consortium.
Is adultery no longer part of South African law?
In the past, adultery was considered a criminal offence under South African law. It was punishable by a fine or imprisonment of up to five years. However, in 2016 the Constitutional Court of South Africa declared adultery as unconstitutional and removed it from the statute books.
Does South Africa have a no-fault divorce law?
No-fault divorce laws are a new concept in the South African legal system. There is no such thing as no-fault divorce law in South Africa. The Family Law Act of 2005 has a provision for divorce on the grounds of irretrievable breakdown but does not provide for any other type of divorce.
