In the first case of its kind in South Africa, a Wynberg woman is suing a high-profile businessman for R2.56 million, for infecting her with genital herpes.
Since the man is based in Durban, the action was instituted in the Durban High Court.
The Cape Argus is not naming the parties until the case has been called in open court, but can reveal the man is the chairman of the board of directors of a retail chain.
In an interview the woman said they met when they were 10, when his family moved in next door. Their friendship ended when she turned 15 and moved from the area.
About 35 years passed without any contact until she went to Durban to attend an event.
He lived there and was married at the time.
Years later, her parents saw him and her mother said he was divorced and wanted to see her and had described her as the “love of his life”. She met up with him in Cape Town in 2006.
He had wooed her and made her feel like she was “on cloud nine”. But her “silly smile” disappeared when a colleague told her he was involved with another woman.
She decided to cut ties with him. There were a few attempts from both parties to make contact and in May 2008 she went to Durban and called him.
She wanted to confront him about their relationship. Instead, she ended up looking at his house and having champagne. When he tried to kiss her, she stopped him. They went to dinner and a strip club.
She then drove him to his home and spent the night there. That was when they had sex.
Four days later, she was diagnosed as having genital herpes.
She instituted the action against him in September.
According to the court papers, her claim is based on the allegation that, before their sexual encounter, the businessman failed to tell her he had been infected with genital herpes when he knew, or ought to have known, that he had it. This, she says, amounts to an infringement of her bodily integrity.
In responding papers, the businessman has denied the allegations that he had infected her with the sexually transmitted disease. He said he did not know there was no cure for the disease and has denied that he knew he had the disease at the time of the sexual encounter. He disputes her claim that she did not have the disease before then.
A trial date has not yet been set. - Cape Argus