oa Comparative and International Law Journal of Southern Africa - Liability for adultery in South African indigenous law: an analysis of the case law
|Article Title||Liability for adultery in South African indigenous law: an analysis of the case law|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Legal Pluralism and Anthropology of Law, University of Pretoria*; Criminal Law and Law of Procedure, University of the North**|
|Publication Date||Mar 1999|
|Pages||98 - 125|
|Keyword(s)||Adultery, Customary marriages, Indigenous law of delict, Liability, Polygamy, South African indigenous law, Theleka and Unequal treament|
In a previous article, the available ethnographic information concerning the delict adultery in indigenous law was examined. It was indicated there that the case law concerning this delict requires a separate study. In the present contribution, this study is undertaken. The author concludes that it appears as if adultery as a delict is being phased out everywhere. In the final instance, African customary law will be compelled to follow this trend.
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