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Legalbrief   |   your legal news hub Monday 22 April 2019

Adultery ruling tarnished by 'remedies' suggestion

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'.