P.V.R v A.V.Z.M (2700/08) [2014] ZAECPEHC 97; 2015 (3) SA 376 (ECP) (17 December 2014)

P.V.R v A.V.Z.M (2700/08) [2014] ZAECPEHC 97; 2015 (3) SA 376 (ECP) (17 December 2014)

The court found that the plaintiff's version of events was more probable and credible than the defendant's. The evidence established that the defendant engaged in oral sex with the plaintiff's wife, which constituted adultery under South African law. The court rejected the defendant's argument that oral sex does not amount to adultery, holding that a narrow definition of sexual intercourse would be absurd and unfair, particularly in light of constitutional equality. The court adopted a broader definition, consistent with developments in criminal law and comparative jurisprudence, and concluded that the plaintiff suffered both a loss of consortium and iniuria as a result of the defendant's...

Citation
[2014] ZAECPEHC 97
Parties
Plaintiff: P[...] V[...] R[...]; Defendant: A[...] V[...] Z[...] M[...]
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 December 2014
Case Number
2700/08
Procedural Posture
Civil Trial / Merits; Quantum and Special Damages Postponed Sine Die
Outcome
Plaintiff succeeds on the merits; quantum of damages and special damages postponed sine die.
Judges
E Revelas
Legal Topics
Adultery, Loss of Consortium, Iniuria, Damages, Definition of Sexual Intercourse
Family and Children Delict Adultery Loss of Consortium Iniuria Damages Definition of Sexual Intercourse

Case Brief

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Parties

P[...] V[...] R[...]

Plaintiff

A[...] V[...] Z[...] M[...]

Defendant

Procedural Posture

Civil Trial / Merits; Quantum and Special Damages Postponed Sine Die

Legal Issues

  1. 1 Whether oral sex between a married person and a third party constitutes adultery under South African law.
  2. 2 Whether the plaintiff suffered loss of consortium and iniuria as a result of the defendant's conduct.
  3. 3 Whether the defendant's conduct was the cause of the breakdown of the plaintiff's marriage.

Ratio Decidendi

The court found that the plaintiff's version of events was more probable and credible than the defendant's. The evidence established that the defendant engaged in oral sex with the plaintiff's wife, which constituted adultery under South African law. The court rejected the defendant's argument that oral sex does not amount to adultery, holding that a narrow definition of sexual intercourse would be absurd and unfair, particularly in light of constitutional equality. The court adopted a broader definition, consistent with developments in criminal law and comparative jurisprudence, and concluded that the plaintiff suffered both a loss of consortium and iniuria as a result of the defendant's...

Court Disposition

Plaintiff succeeds on the merits; quantum of damages and special damages postponed sine die.

Orders

  • The plaintiff succeeds on the merits.
  • The matter is postponed sine die for the determination of the quantum of damages suffered by the plaintiff as a result of his loss of consortium and iniuria.