Opinion
by Garang Malek
May 27, 2020 (RB), Certainly, yes!Scenario
Joyce is married to Ladu and they have been in marriage for over 10 years. She works for World vision in Malakal. Her husband is an army officer working with in Juba. Joyce is a socialite who interacts with multitudes of people especially the elites with in her work place. Her husband has accused her several times of cheating on him but no evidence to show. Recently, in a workshop held in Juba at Pyramid Continental Hotel, she was spotted in one of the rooms with her workmate allegedly having sexual intercourse and this good comrade tipped Ladu.
Ladu is now so furious, disgusted, annoyed and mad at her spouse, advise him for an appropriate action against Joyce and her workmate.
WHAT IS ADULTRY?
Adultery is voluntary sexual activity (as sexual intercourse) between a married man and someone other than his wife or between a married woman and someone other than her husband.
Section 266 of the Penal code Act, 2009 fully explains the offence. It is important to know that even the smallest sexual intercourse constitutes the offence of adultery in addition to the general view of one having long term relationship with other person’s spouse commonly known as ‘an affair’
The vice is constitutionally condemned as it is considered to be one of the most deadly grounds for marital breakdown and conflicts with in a family setting. Article 15 of the Transitional Constitution of The Republic of South Sudan which is profound on the rights of a family encompasses the vice.
Therefore, the answer is yes, Adultery is a crime and punishable by law (section 266 of the PCA).
Citizens should therefore desist from the unlawful sexual engagements in order to promote a peaceful living.
RIGHT STEPS THAT LADU SHOULD TAKE TOWARDS JOYCE AND HER WORKMATE
Ladu through his lawyer should file a case against Joyce and her workmate for the offence of adultery.
Ladu could further even file for a divorce if court proves that indeed the wife committed adultery and if Ladu so wishes.
Joyce and her workmate would be liable to imprisonment for a term not
Exceeding two years or with a fine or with both.
Ladu should get some compensation as a remedy for the action done to his family.
Recommendations
The government should tighten the laws governing the crime of adultery for example the 2 year imprisonment should be reviewed and a tougher measure is highly advised.
The government should embark on massive sensitization through the different platforms so as our marriage institutions are guided and bonded in perpetuity.
The population needs to drop the notion of blaming the women more rather it should be treated as a gross offence for all and punishable by law.
The religious and societal groups need to be more aggressive in condemning and publicly castigating those who indulge in such activities like adultery so as the vice is tremendously minimized.
(The views expressed in this article do not represent Ramciel Broadcasting’s but owners. You can reach the writer via his social media account by his noted name)