Justice Moroka declares adultery law outdated

Moroka made the observation in a case in which Oreneile Phindile Mhotsha had wanted the court to evaluate the constitutional and common law validity of the third party delictual actio iniuriarum claim based on adultery pertaining to a civil marriage, in the light of the changing mores of our society.

Delictual actio iniuriarum is a legal phrase meaning an action for delict, which not only seeks to protect an individual’s dignity and reputation but also their physical integrity.