Pretoria - In what will probably be one of the last damages claims awarded to a scorned woman for adultery - against her former husband’s lover - a judge ruled she receive R85 000 in compensation.
The Pretoria mother of two, only identified as R, as there are children involved, claimed R750 000 in damages from her husband’s mistress, only identified as C. Her claims were based on adultery, loss of comfort and alienation of affection.
R, who suffered from cancer at the time, only became aware of her husband’s cheating when her son showed her a picture on her husband’s cellphone of the woman’s private parts.
Gauteng Provincial Division of the High Court Judge Winston Msimeki said R successfully proved that C had the intention to destroy her marriage.
The judge said the adulterous relationship caused the abrupt end of R’s marriage.
“The defendant intended to win the complainant’s (now former) husband. She demonstrated her callous disregard for the plaintiff and her marriage.”
This judgment comes a week after the Supreme Court of Appeal (SCA) in Bloemfontein ruled damages claims based on adultery were outdated and had no place in modern society. This was in a case where a man was awarded R75 000 damages against his rival, who appealed against the case - and won - after five judges ruled times had changed.
In the latest case, Judge Msimeki said R loved her husband and did everything to win him back, but because of her rival’s brazen conduct, she lost the battle.
Lawyer Anton van Tonder, who appeared in the groundbreaking SCA case, said Judge Msimeki heard this case before the SCA ruling, although his judgment was delivered afterwards. He said that R, in this case, claimed damages for adultery and alienation of affection - two separate points.
The SCA ruled against adultery, not alienation of affection - this is when someone, through calculated acts such as phone calls and other means, seduces the married spouse.
“The defendant would be entitled to appeal against the judgment to have the award for adultery set aside in light of the SCA decision. Regarding alienation of affection, I believe the SCA is waiting for such a case to also abolish that claim,” he said.
In the case before Judge Msimeki, R said after seeing her rival’s private parts on her husband’s phone, she confronted the woman who told her she and the husband were “madly in love” and she’d soon be “wearing a ring”. She also posted pictures on Facebook of her and R’s husband kissing and used one as a profile picture.
The judge said the defendant used such vulgar language that he could not repeat it in his judgment.
She was also unconcerned about R’s feelings, or cancer. “Instead she ridiculed her,” he said.
Pretoria News