AUSI NTHABI

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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.

QLEASE AGREE­MENT

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.

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