Law-Zim

Introduction The delict of adultery has sparked considerable debate in recent years in Zimbabwe largely due to the fact that Seychelles, South Africa and Botswana have recently done away with the delict. Questions have been levelled at the doctrine on whether it still has relevance in the Zimbabwean society. In the case of Njodzi v Matione, the High Court of Zimbabwe maintained the delict of adultery, on the basis of public policy. Mwayera, J rejected the South African approach arguing that public policy considerations differ from country to country and that Zimbabwe has not yet expressed an intention to abolish the delict and still wishes to maintain it as a safeguard for the marriage institution. This write up will juxtapose the Zimbabwean position with the South African and Botswana position in the context of the legal philosophical question on whether adultery should be maintained as a remedy for the bruised ego of an innocent spouse hinges and whether or not the law should ...