Should South Africa consider a law against cheaters?

Updated | By Tamlyn Canham

A woman was recently ordered to pay her husband’s ex-wife a large sum of money for her role in the end of their marriage

Hand signing divorce decree form — File photo: iStock

Cheaters beware, you're in for a (financial) scare.

Having an affair with a married person could affect your bank account - at least in some parts of America.

A North Carolina woman accused of having an affair with her former friend's husband has been ordered to fork out $40, 000 (R685,788) while appealing a previous judgment against her.

In November 2025, TikTok influencer Brenay Kennard was found guilty of 'alienation of affection' after Akira Montague sued her for 'seducing' her husband, Tim Montague.

Kennard and Tim are now married, but Akira is not about to let them off the hook so easily.

She successfully sued Kennard and was awarded $250,000 (R4,281,475) for criminal conversation and $1.5 million (R25,688,850) for alienation of affection.

Kennard has denied the accusations against her, claiming Akira gave her permission to pursue her husband as their marriage was allegedly over.

The TikToker is appealing the ruling, but according to a report in The News & Observer, a judge says she will have to pay Akira a $40, 000 undertaking while doing so.

Tim is also facing similar accusations. According to Essence, Kennard's former husband, Devon Mayo, is suing him for criminal conversation and alienation of affection.

Mayo and Tim are allegedly first cousins. The men and their wives reportedly hung out together.

READ: Turkey rules liking photos on social media counts as cheating

READ: Cheating husband wins court case after mistress was forced to repay ‘hidden’ R610,000

Can you sue someone for cheating in South Africa?

North Carolina is one of seven states in America that allows people to sue for alienation of affection.

Back home in Mzansi, cheating is getting out of hand, but would you support a move to implement laws that deter affairs in South Africa?

According to Family and Divorce Law South Africa, 2023 statistics found that "wives filed for divorce in 56.5% of cases, compared to 33.1% by husbands".

KwaZulu-Natal was among the top three provinces with the highest divorce rates.

There are many reasons why married couples part ways, but cheating is one of the leading causes. There are, however, no laws in South Africa that punish cheaters.

According to an October 2025 report shared on Pearson Emerson Family Law's website, "South Africa has had no-fault divorce, and therefore there is no penalty for conduct".

That doesn't mean that you can't sue for damages. Whether you win or not is another story entirely.

"In a recent case (RH v DE), [the] South African Supreme Court of Appeal and [the] Constitutional Court have effectively abolished this right to sue for adultery," the Australian-based law firm stated.

"... the Constitutional Court on appeal from the Supreme Court of Appeal focused on important constitutional issues, and saying that liaiblity for adultery would infringe the constitutional rights of the adulterous couple.

"Those rights include the right of a consenting individual to have a sexual relationship with whoever he or she chooses, the right to privacy, the right to freedom of intimate association and the right to freedom and security. Moreover, the Constitutional Court concluded that contemporary public standards no longer justified treating the act of adultery as wrongful."