FREQUENTLY ASKED QUESTIONS

My husband was involved in car accident and passed away, can our child claim for compensation against RAF?

Yes, A claim for loss of support can be lodged. However, since a child does not have the capacity to institute legal proceedings, as a parent or guardian you will represent the minor and institute a claim against the RAF on his/her behalf.
If the identity of the driver who caused the death is known, the lodging of the claim will only prescribe 3 years after the minor attains majority and 2 years where the identity of the driver is unknown.

Is it possible for people/companies to access, collect, and/or process your personal information without your knowledge or consent?

The general rule is the other person’s personal information may be accessed, collected and/or processed with prior consent of the data subject. However, the law prescribe circumstances under which the General rule may not be complied with. For example, when the information is accessed, collected and/or processed for judicial purpose, investigations against criminal activities and/or prevention of terrorism.

Is it possible for a spouse to rape his/her spouse?

The most important element in determining rape is “consent”. Therefore, in the event wherein the other spouse has sexual intercourse with the other spouse without his/her consent, same will constitute rape.

I want to divorce my husband but I’m afraid because I’m unemployed and he’s been maintaining me for years, what can I do ?

You can be divorced from your husband and have him maintain you. During divorce proceedings You may claim for what is called “spousal maintenance” The court will take both of your economic statuses and abilities into cognizance, if it is satisfied that he is economically able, then the court may order that he pays spousal maintenance, until such a point where you remarry, die or in a better economic status.

After lobola negotiations, was the marriage entered into or celebrated in terms of either party's custom?

In terms of Section 3 of the Recognition of Customary Marriages Act, there are 3 requirements that must be met for a couple to be married in terms of Customary law.

The parties must both be over the age of 18
Must consent to be married to each other in terms of Customary law
The marriage must be negotiated and entered into

Or celebrated in terms of Customary law.

All these 3 requirements must have been met for the parties to be considered to be married in terms of Customary law, should 1/3 requirements be absent, there is no valid marriage between the parties.

We built a house together, should we separate, who is entitled to the property?

It depends on the marital regime that applies to your marriage

If you’re not married, upon proving that you and your partner had reciprocal duties of support in respect of one another, then you would be entitled to claim a portion of the value of the property…