s South African Journal on Human Rights - : a feminist minority judgment on adultery : current developments / case notes

Volume 31, Issue 2
  • ISSN : 0258-7203
  • E-ISSN: 1996-2126



The common law action against a third party who had committed adultery with a spouse has long been regarded as a legal peculiarity. Its presence in our law was awkward, and out of step with the legal positions in other countries. The Supreme Court of Appeal (SCA) judgment in abolishing the actions for contumelia and loss of consortium on the basis of adultery therefore elicited great public and legal interest.

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