DE v RH (CCT 182/14) [2015] ZACC 18 (19 June 2015) per Madlanga J (unanimous]

On appeal from the Supreme Court of Appeal (hearing an appeal from the North Gauteng High Court, Pretoria): #1  Leave to appeal is granted and #2 The appeal is dismissed.

 ConCourt summary:         

  • Law of delict — actio iniuriarum — injury to personality — contumelia — loss of consortium — development of common law of delict based on public policy — must consider constitutional values — wrongfulness of adultery.
  • Delictual claim against third party based on adultery — continued existence of claim for adultery in South African law — right to dignity — right to privacy — protection of marriage — constitutional rights of spouses and third party