AUSI NTHABI

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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.

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