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Adultery ruling tarnished by 'remedies' suggestion

Publish date: 14 May 2018
Issue Number: 773
Diary: IBA Legalbrief Africa
Category: General

Botswana has joined the growing number of countries, worldwide and in Africa, that will no longer allow a damages claim for adultery. In the newest judgment on the issue, Botswana's High Court Judge Lot Moroka, says society has realised that a law suit against a third party 'cannot save a crumbling marriage'. But Moroka pointed to an alternative way of the courts being brought in when one partner becomes involved in an adulterous affair, a way that Carmel Rickard, in her A Matter of Justice column on the Legalbrief site, says could prove highly controversial. In short, the judge's progressive ruling against damages for adultery was marred by his suggestion that a court restraining order against a third party to prevent 'intrusions' in a family, could be an alternative 'remedy'.

RH v DE ruling

Kgaje v Mhotsha ruling

Wassenaar v Jameson ruling

A Matter of Justice