South Africa Case Law

Tshabalala v Minister of Police (77421/2014)

Tshabalala v Minister of Police (77421/2014) [2017] ZAGPPHC 331 (8 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

77421/2014

Judge

Mothle

The court held that the application for damages could not proceed in its current form because the supporting affidavits and expert report did not comply with the practice requirements for evidence in default judgment applications for unliquidated damages. Specifically, the expert report was not on oath, did not include the qualifications of the author, and did not provide sufficiently motivated expert opinions. The court found that, in the absence of proper evidence, it could not consider or award damages. The application was therefore removed from the roll, with costs reserved, and the appli…

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• Default Judgment
• Loss Of Support
• Loss Of Consortium
• Quantum Of Damages
• Expert Evidence
• Affidavit Practice

P.V.R v A.V.Z.M (2700/08)

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

Court

Eastern Cape High Court, Port Elizabeth

Case number

2700/08

Judge

E Revelas

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 conclude…

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• Adultery
• Loss Of Consortium
• Iniuria
• Damages
• Definition Of Sexual Intercourse

RH v DE (594/2013)

RH v DE (594/2013) [2014] ZASCA 133; 2014 (6) SA 436 (SCA) (25 September 2014)

Court

Supreme Court of Appeal

Case number

594/2013

Judges

Brand, Cachalia, Tshiqi, Majiedt, Mbha

The Supreme Court of Appeal held that the delictual action based on adultery, which afforded the innocent spouse a claim for both contumelia and loss of consortium, is no longer justified in light of changing societal mores and constitutional norms. The court found that the action is outdated, causes undue harm to the parties and their families, and does not effectively protect the institution of marriage or serve as a meaningful deterrent. The court concluded that the time for abolition of the action has come, and it should no longer be available as part of South African law. The award for l…

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• Actio Iniuriarum
• Adultery Claims
• Loss Of Consortium
• Contumelia
• Development Of Common Law
• Constitutional Norms

Erasmus v Heine (39407/2010)

Erasmus v Heine (39407/2010) [2013] ZAGPPHC 11 (28 January 2013)

Court

North Gauteng High Court, Pretoria

Case number

39407/2010

Judge

L I Vorster

The court found that the plaintiff had proved, on a balance of probabilities, that the defendant intentionally led astray the plaintiff's wife, resulting in the alienation of her affection and the breakdown of the marriage. The evidence, including photographs, emails, and phone records, supported the existence of a romantic relationship between the defendant and the plaintiff's wife prior to the dissolution of the marriage. The defendant's denial of sexual intimacy was rejected as improbable given the escalating romantic conduct. The court held that the plaintiff was entitled to a composite a…

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• Adultery
• Alienation Of Affection
• Loss Of Consortium
• Quantum Of Damages

K.G v A.G and Another (270/2006)

K.G v A.G and Another (270/2006) [2009] ZAKZPHC 49 (20 August 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

270/2006

Judge

Hollis

The court upheld a wife's claim for damages arising from adultery and enticement, awarding R75,000 for contumelia and loss of consortium.

• Adultery
• Loss Of Consortium
• Contumelia
• Enticement
• General Damages
• Loss-of-consortium

Muller v Muller (3004/06)

Muller v Muller (3004/06) [2007] ZAECHC 42 (12 June 2007)

Court

High Courts - Eastern Cape

Case number

3004/06

Judge

J C H Jansen

The court refused absolution from the instance in a marital delict claim, finding the adultery case unproven but accepting a possible claim of improper interference.

• Adultery
• Contumelia
• Loss Of Consortium
• Absolution From The Instance
• Absolution-from-the-instance
• Loss-of-consortium

Seroot v Pieterse (33377/05)

Seroot v Pieterse (33377/05) [2005] ZAGPHC 67 (13 June 2005)

Court

High Courts - Gauteng

Case number

33377/05

Judge

JCW van Rooyen

High Court damages claim over adultery and alienation of affection succeeded in part. The court found an intimate relationship but not enticement, and awarded R15,000.

• Loss Of Consortium
• Alienation Of Affection
• Adultery
• Actio Iniuriarum
• Dignity Invasion
• Loss-of-consortium

N v B (3398/2003)

N v B (3398/2003) [2004] ZAFSHC 169 (22 October 2004)

Court

Free State High Court, Bloemfontein

Case number

3398/2003

Judge

Kruger

The court dismissed claims for alienation of affection and adultery, finding no proof that the defendant enticed the husband away or caused actionable loss.

• Alienation Of Affection
• Adultery
• Contumelia
• Loss Of Consortium
• Actio Iniuriarum
• Alienation-of-affection