‘I’M STRUG­GLING TO FIND A JOB BE­CAUSE OF A CRIM­I­NAL RECORD’

Move! - - AUSI NTHABI -

Nthabiseng Monareng holds an LLB from Wits Univer­sity and is study­ing for her LLM. Nthabi has more than 10 years ex­pe­ri­ence in the le­gal field, spe­cial­is­ing as a fam­ily law ex­pert. She’s writ­ten books on fam­ily law and is a fam­ily law me­di­a­tor.

Q

I WANT TO CLEAR RECORD? I had a crim­i­nal record af­ter I was convicted in 2009 for steal­ing an item that cost less than R100. I was given a five-year sus­pended sen­tence. I am now strug­gling to get a job be­cause of this crim­i­nal record. What can I do? ANONY­MOUS, SOWETO

A

You need to fol­low the le­gal process of ex­punge­ment. This is a process by which a crim­i­nal record is re­moved from the data­base of the Crim­i­nal Record Cen­tre of the South African Po­lice Ser­vice. This will al­low you to carry on with life with­out any prob­lems. A crim­i­nal record is re­moved af­ter 10 years, through an ap­pli­ca­tion, to the De­part­ment of Jus­tice.

Since you were convicted in 2009, the 10-year pe­riod has not yet passed.

You need to bring a high court ap­pli­ca­tion and ask for an or­der that the crim­i­nal record be re­moved be­fore the 10-year pe­riod.

Q

COURT CASE AGAINST A PAR­ENT

Does a child have a right to bring a court case against their par­ent? ANONY­MOUS, MAHIKENG

A

In terms of the Chil­dren’s Act, ev­ery child has the right to bring and also to be as­sisted in bring­ing a case to court. This there­fore al­lows a child to bring a case against their par­ent.

If the child is afraid, they can be as­sisted in bring­ing the mat­ter to court by a rel­a­tive, so­cial worker or any other per­son who is act­ing in the best in­ter­est of the child.

Q A

HUS­BAND RE­FUSES TO LET ME BUY A CAR

I am mar­ried in com­mu­nity of prop­erty and I want to buy a car but my hus­band is re­fus­ing to give his con­sent. How can I en­ter into a fi­nan­cial trans­ac­tion with­out his con­sent? ANONY­MOUS, UMLAZI A spouse mar­ried in com­mu­nity of prop­erty may ob­tain a court or­der for con­sent to en­ter into cer­tain fi­nan­cial trans­ac­tions when their spouse re­fuses to give their con­sent and their re­fusal is un­rea­son­able.

The court ap­pli­ca­tion must be brought to the high court and the court will only grant the con­sent if there are good rea­sons why they should dis­re­gard the con­sent of the hus­band.

If you are buy­ing a car, it is un­likely that the court will grant the or­der, as a car is some­thing a spouse can do with­out, un­less if you need it for work pur­poses.

Q

ARE SEX OFFENDERS BLACK­LISTED?

If a male adult has been convicted of a sex­ual crime, is there a place where they are black­listed so that they do not have to work with chil­dren again? For ex­am­ple, a teacher who has im­preg­nated a 12-year-old child. ANONY­MOUS, EMALAHLENI

A

Any­one who has been convicted of a sex­ual of­fence have their de­tails recorded in the na­tional sex of­fender regis­ter that is ad­min­is­tered by the De­part­ment of Jus­tice.

They regis­ter only sex­ual offenders who are convicted of sex­ual of­fences against chil­dren and men­tally dis­abled peo­ple.

If a teacher has been found guilty of sex­u­ally abus­ing a child, his de­tails will be recorded in the sex­ual of­fences reg­istry and this means he may never be al­lowed to teach again.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.