Cheating might lead to divorce but isn't illegal in SA

Cheating might lead to divorce but isn't illegal in SA

Rumours that are spreading like wildfire say that cheaters will be sent to jail in 2026, but these claims are incorrect. 

Close up of cuffed criminal hands
Close up of cuffed criminal hands/iStock/BrianAJackson

South Africans have been up in arms, spreading word about jail time for cheaters in 2026. 

While marriage has been notoriously described as the era of having a ball and chain, it is supposed to be one of the most important journeys of a person's life. That is not to say it is a bed of roses; after all, roses are known for their prickly thorns. 

One of those thorns sometimes takes the form of adultery. Rumours have been flying high on social media, with many people saying that cheating partners who are legally married could be imprisoned in 2026. 

Check out this video about the alleged law that was shared on Instagram

But according to news reports, no cheaters will be jailed in 2026. 

South African attorney Kgaogelo Modisakeng dispelled this rumour and set the record straight. 

Speaking to News24, Modisakeng said that while infidelity is grounds for divorce, it is not a criminal offence under the country’s current legal system.

"Recently, rumours have ignited debates over whether South African laws might soon make it possible for married people to have their unfaithful partners jailed for cheating. Modisakeng, an admitted attorney at SK Ntsumela Attorneys in Cape Town, has firmly dispelled these claims," according to the news site.

The topic has also enraged many South Africans, who questioned why it is getting so much airtime, as our country faces many other pressing issues. 

Some joked, saying if this were true, then SA would have to get more jail space. 

This is just another example of how easily fake news spreads on social media. Lesson: Don't believe everything you see on social media. 

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