Ask Athalie Banner

Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Which law recognises tribal authorities and governs them and as what legal entity are they registered?

The Constitution provides that all courts must apply and therefore also recognise customary law, but that the recognition and application of customary law are subject to the Bill of Rights.

Read more

What can I do with a birth certificate that has no ID number?

Children born to two non-South Africans and do not qualify for citizenship are entitled to a birth certificate but it will have no ID number.

Read more

How can I get an ID if only my South African father, who has disappeared, is named on my birth certificate?

You and your mother may need to make a sworn affidavit that your father has left and that neither of you has any way of contacting him to make a certified copy of his ID.

Read more

What can I do if my employer deducts money from my wages but does not submit to UIF? The Labour Department can’t help me.

If complaints are reported to the labour department, it is required to investigate and see that the law is followed.

Read more

What can I do if I was wrongfully arrested?

If a false charge is being made against you, you have the right to challenge your arrest in court.

Read more

How can my father check for his deceased brother’s unclaimed investment with a bank?

You can access a deceased person's unclaimed funds through the Association for Savings and Investment South Africa (ASISA).

Read more

Is there a way to prevent my previous customary law wife from trying to claim my assets one day, now that I have married again under civil law in 2023?

The fact that the lobola was not paid in full before you split up, does not necessarily mean that you were not married. And if you were married under customary law, you may not marry under civil law.

Read more

How can I make sure that the house my late wife and I shared will be inherited by our children and not my future wife?

You can negotiate an antenuptial contract with accrual with your new wife.

Read more

How can I get an ID if I was born in South Africa to a foreign mother? My mother has an ID.

If your mother was not a citizen or permanent resident at the time of your birth, you qualify to be a South African citizen by birth if you have not lived anywhere else but South Africa.

Read more

What do I do about Home Affairs not respondeding to my applications for an accompanying visa?

You'll need to get help from an organisation with experience in dealing with Home Affairs.

Read more