The plaintiff’s cause of action is the actio iniuria. The infringed interests of personality which feature most prominently with regard to adultery are feelings (particularly feelings of piety) and dignity. The plaintiff generally will base his or her action on two grounds namely iniuria and loss of consortium. The plaintiff draws the onus to prove the infringement of his or her personality rights. Held that the plaintiff's claim for damages must be strictly confined to the contumelia. Claim for loss of consortium not proven. Held further that the factors which influence the assessment damages for contumelia appear to be the following: (a) Where the plaintiff has condoned his/her spouse's adultery, the claim is not viewed sympathetically; and damages are for only. (b) What it is that the plaintiff has lost, is contumelia relevant (i) if the spouse that has strayed was in any event a poor bargain, plaintiff cannot expect substantial damages; (ii) a wife suffers more through losing a husband than vice versa. Despite the altered mores, a woman in South Africa remains the hunted rather than the huntress. A man can go out and find a replacement for an adulterous wife whereas a woman must wait to be invited out for even an evening at the cinema. The position of a divorced woman is less enviable than that of her male counterpart. (c) The economic and social circumstances of the parties are relevant. (d) That the adulterous is grossly impudent and unrepented will aggravate damages. (e) Courts apparently regard the loss of a modern "liberated" woman less seriously than that of her predecessor. Held further that in all the circumstances defendant is ordered to compensate the plaintiff in damages in the amount of Ten Thousand Namibian Dollars (N$10 000). ORDER
The plaintiff’s cause of action is the actio iniuria. The infringed interests of personality which feature most prominently with regard to adultery are feelings (particularly feelings of piety) and dignity. The plaintiff generally will base his or her action on two grounds namely iniuria and loss of consortium. The plaintiff draws the onus to prove the infringement of his or her personality rights. Held that the plaintiff's claim for damages must be strictly confined to the contumelia. Claim for loss of consortium not proven. Held further that the factors which influence the assessment damages for contumelia appear to be the following: (a) Where the plaintiff has condoned his/her spouse's adultery, the claim is not viewed sympathetically; and damages are for contumelia only. (b) What it is that the plaintiff has lost, is relevant (i) if the spouse that has strayed was in any event a poor bargain, plaintiff cannot expect substantial damages; (ii) a wife suffers more through losing a husband than vice versa. Despite the altered mores, a woman in South Africa remains the hunted rather than the huntress. A man can go out and find a replacement for an adulterous wife whereas a woman must wait to be invited out for even an evening at the cinema. The position of a divorced woman is less enviable than that of her male counterpart. (c) The economic and social circumstances of the parties are relevant. (d) That the adulterous is grossly impudent and unrepented will aggravate damages. (e) Courts apparently regard the loss of a modern "liberated" woman less seriously than that of her predecessor. Held further that in all the circumstances defendant is ordered to compensate the plaintiff in damages in the amount of Ten Thousand Namibian Dollars (N$10 000). ORDER
Jaspert%20v%20Siepker%20(I%20670-2012)%20[2013]%20NAHCMD%20267%20(30%20September%202013).docx