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.
QI WANT TO REGISTER MY MUSLIM MARRIAGE
I’m a 34-year-old woman who has been in a Muslim marriage for 10 years. I have read somewhere that Muslim marriages are now legally recognised in South Africa. Does this mean that my husband and I can now go to Home Affairs to register our marriage? ANONYMOUS, KLERKSDORP
AMuslim marriages were not legally recognised in South Africa until recently when the Constitutional Court ruled that it is unconstitutional not to recognise the marriages. Muslim marriages are, therefore, now legally recognised. There is no legislation yet that has been approved that sets the requirements for Muslim marriages.
QI WAS DISMISSED UNFAIRLY
I was recently dismissed from work but I believe that the dismissal was unfair. Do I have the responsibility to prove that the dismissal was unfair? ANONYMOUS, KURUMAN
AWhen an employee is dismissed and they are of the opinion that their dismissal was unfair, they have the duty to produce proof that their dismissal was indeed unfair. The evidence must not be hearsay, but something that they can prove. The only exception is when an employee is dismissed without a warning or a disciplinary hearing. If an employee is dismissed without proper procedures being followed, this will result in an automatic unfair dismissal.
QCLAIMING FROM RAF
My 57-year-old mother, who is a domestic worker, was hit by a taxi when she came back from work and she was hospitalised for three months. We want to claim from the Road Accident Fund (RAF), but we are not sure what to claim for. ANONYMOUS, TEMBA
AYou can lodge a claim with RAF and this claim must be lodged within a period of three years from the date of the accident. When lodging your claim with RAF, you must claim for past medical expenses and future medical expenses, which are estimated expenses that your mother will incur moving forward as a result of the injuries she sustained during the accident. Your mother can also claim for loss of earnings and loss of future earnings.
I have been renting a townhouse for the past couple of years and sadly, the owner passed away two weeks ago. Since the landlord passed away, does this mean my lease agreement will automatically come to an end? ANONYMOUS, ORMONDE
ANo, the lease agreement does not automatically come to an end due to the death of the property owner. When a person dies an executor is appointed whose responsibility is to administer the deceased’s estate.
In this case, the house that you are renting falls under the deceased’s estate. As a result, the executor will act as your landlord.
The executor of the estate is bound by the terms and conditions of the lease agreement and he cannot terminate the lease before its termination date. This means that you will have to deal with the executor from now on regarding the property.