Strange bedfellows? The action for adultery and the South African Bill of Rights

The action for adultery does not sit comfortably with the Bill of Rights in the South African Constitution, 1996. Historically, the adultery action was designed to protect the husband’s honour in the context of the European honour code. In a recent court judgement, Wiese v Moolman, the court attempted to update the remedy to conform to constitutional requirements, arguing that adultery is an infringement of inherent human dignity. This paper traces the history of the adultery remedy and its links to reflexive honour. It then examines whether the evolved action meets the requirements of the Constitution by focusing on the rights to privacy, freedom of intimate association, and human dignity as a personal autonomy right.