Q I WANT TO WORK AS A NURSE
Can a person work as a nurse even though they are not registered with the Nursing Council? ANONYMOUS, PRETORIA
ANo person can work or practise as a nursing sister or male nurse unless they have the relevant qualifications and they have been registered with the Nursing Council. Anyone who conducts himself or herself as a nurse, can be held criminally liable. Nurses are also required to pay an annual fee, failing which they will be deregistered. ‘I WANT TO SUE MY LOVER’S WIFE FOR DAMAGING MY CAR’
Q RAPED BY HER HUSBAND
My neighbour claims that she has been raped by her husband and she has opened a criminal case. I was shocked because as married people, how can the law allow a woman to open a rape case against her husband? ANONYMOUS, RUSTENBURG
ARape is the unlawful conduct of a sexual nature, which includes penetration without the consent of the other person. In a marriage, this is known as marital rape. The fact that spouses are married does not mean they own each other’s bodies and they can do as they please with the body of their spouse. A husband can, accordingly, be arrested and jailed for raping his wife.
Q LOVER’S WIFE DAMAGED MY CAR
My boyfriend’s wife found out about our affair and got angry. She came to my place and damaged my car. I want her to be arrested and pay for my car. ANONYMOUS, SOWETO
ADamaging someone’s property is a criminal offence. You can open a case of malicious damage to property with the police. You can also sue her for the recovery of the money that you used or you will use to fix the damaged car. If the amount to fix your car is less than R15 000, you can sue her using the Small Claims Court. You also need to get a protection order against her.
Q NOISY NEIGHBOUR DISTURBS MY PEACE
What can I do to stop my neighbour from playing loud music on a daily basis? I am unable to sleep and the next day I struggle to concentrate at work. ANONYMOUS, MANGAUNG
AYou firstly need to lodge a complaint with your local municipality. The municipal bylaws enforcement officers will investigate and if they find that the noise is excessively high, they may instruct that it be reduced. If your neighbour persists, they will issue a fine. In some cases, the officers may also confiscate the music system.
Q WHOSE SURNAME MUST THE CHILD TAKE?
When a child is born, whose surname must the child be registered under? ANONYMOUS, KWAMHLANGA
AA newborn child must be registered with the Department of Home Affairs within 30 days after they have been born and be issued with a birth certificate. A child, who was born within wedlock, will be registered under the father’s surname. A child who was born from unmarried parents can use either the mother’s or father’s surname.
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.