Legal Guide To Age Thresholds For Children And Young People
Legal guide to age thresholds for childrenand young peopleApril 2011 (Edition 5)At what age can childrenand young people makedecisions and act on theirown without assistancefrom their parents?What are the age thresholdsfor children to access socialgrants or housingsubsidies?At what age can a child,be prosecuted for acrime or be detained inprison?There are various laws that provide the answers to these questions, and others like them. This legalguide provides information on the current laws, and some proposed reforms.Produced by Prinslean Mahery and Paula Proudlock (Children’s Institute, University of Cape Town).For more information, please contact prinslean.mahery@uct.ac.za or paula.proudlock@uct.ac.za.1 April 2011 Children’s Institute, University of Cape Town
ContentsDefinition of a childAge of majorityLegal contractsLong-term insurance policyDirector of a companyBank accountsCreditWillso Own willo Witness to a willLegal proceedingso Litigationo Service of court papers on a person being suedo Service of court papers: by leaving it with a child at certain premisesDomicile of choiceLeaving homeEmploymento Employment (general)o Working underground at a mineo Defence forceo Police forceo Fire brigadeo Debt collector April 2011 Children’s Institute, University of Cape TownPage66778899999 - 1191011111212 - 151213131414152
o Credit provider or debt counsellor15o Working in the liquor industry15Alcohol15Gambling15Tobacco products15 – 16o Selling or supplying tobacco products to a child15o Selling or supplying tobacco products at health facilities or at education institutions where children 16are being educatedo Smoking in the presence of young children16Firearms16Driving16o Driving a car16o Driving a motorcycle or quad-bike16Voting17o Registering as a voter17o Voting17Identity17 – 19o Identity document17o Passport17o Change of forename or surname18o Alteration of sex description in birth register19Schooling19 – 20o Admission to school: Grade R (reception year)19o Admission to school: Grade 119o Compulsory school starting age20o Leaving school20 April 2011 Children’s Institute, University of Cape Town3
Consenting to sexo Children capable of consenting to sexo Children capable but not mature enough to consent to sexo Children incapable of consenting to sexMarriageso Civil law marriageo Customary law marriageo Civil unionHealth services and medical procedureso Surgical operationso Medical treatmento Refusing medical treatment; surgical operationso Sterilisationo Terminating a pregnancyo Condomso Contraceptives other than condomso HIV testingo Disclosing HIV statuso Vaccinations/immunisationso Donation of bodily organs (after death)o Donation of non-replaceable organs by a living persono Donating blood (or replaceable tissue)Cultural practiceso Circumcisiono Virginity testingHousing subsidies April 2011 Children’s Institute, University of Cape Town20 – 2220212222 – 2422232424 – 3124252526272828292930313131323232324
Criminal matterso Criminal capacityo Detaining unconvicted child offenderso Sentencing childreno Accommodation of child prisonerso Appeals against court ordersSocial assistance grantso Child support grant (CSG): child age limitso Child support grant: caregiver age limitso Care dependency grant (CDG): child age limitso Care dependency grant: caregiver age limitso Adult disability granto Foster child grant (FCG): child age limito Foster child grant: foster parent’s age limitCare arrangementso Children in alternative careo Child-headed householdAdoptiono Adopting a childo Own adoptiono Adoption of a child’s own childAcknowledgements, disclaimer, citation suggestion and contact details April 2011 Children’s Institute, University of Cape Town33 – 36333435363637 – 413737383838394041 – 42414242424242435
AreaDefinition ofa childAge ofmajorityDetailAgeThe Bill of Rights and the Children’s18Act define a ‘child’ as ‘a person underthe age of 18 years’. This means thatall people under the age of 18 yearsare entitled to the protectionguaranteed by section 28 of the Bill ofRights and the provisions of theChildren’s Act.The age of majority sets the age atwhich a child becomes a ‘major’ (thisis a legal term for ‘adult’). A child whoreaches the age of majority is able toconclude valid contracts withoutparental assistance (e.g. marriageand employment contracts).18Majority status can also be acquired by a child under18 if they get married (see the ‘marriage’ section on pp.22 - 24 for information on the circumstances underwhich children under 18 can get married).Note: The age of majority used to be 21 but was changedin 2007 to bring it in line with the definition of a childin the Constitution. The child protection provisions in the Bill of Rightsand the Children’s Act are afforded to all personsunder the age of 18. It is a question for debate whether a child under 18who acquires majority status through marriage,remains a “child” for the purposes of the Bill ofRights and the Children’s Act or whether such achild loses the protection of section 28 in the Bill ofRights or the provisions set out in the Children’s Act.Source of lawConstitution of theRepublic of SouthAfrica Act 108 of1996.Section 28(3).Children’s Act 38 of2005.Section 1.Children’s Act 38 of2005.Section 17.Common law (inrelation to acquisitionof majority statusthrough marriage).6 April 2011 Children’s Institute, University of Cape Town
AreaLegalcontractsDetailAge at which a child can sign andenter into a legal contract.AgeGeneral: A child acquires legal capacity to enter into alegal contract at 18 (unless another age is specificallyset out in a particular law).A child under 18 can enter into a contract (without theassistance of a parental or guardian) if the contract isabout the child acquiring rights but no obligations.Source of lawChildren’s Act 38 of2005.Sections 17, 18(3)(b),read with the commonlaw.If assisted by a parent or guardian, a child under 18can enter into a contract where he/she acquires bothrights and obligations.Long-terminsurancepolicyAge at which a person can take out along-term insurance policy in his/herown name. April 2011 Children’s Institute, University of Cape TownHowever, there are certain contracts into which a childunder 18 cannot enter, even with the assistance of aparent or guardian (such as employment contractswhen the child is under 15).18Long-term policy means “an assistance policy, adisability policy, fund policy, health policy, life policy orsinking fund policy, or a contract comprising acombination of any of those policies; and includes acontract whereby any such contract is varied”Long-term InsuranceAct 52 of 1998.Section 58.Section 1.7
AreaDirector of acompanyDetailAge at which a person can be thedirector of a company.Age18Amendment soon to come into operation:The new Companies Act provides that ‘unemancipatedminors’ are part of the group of persons consideredineligible to be the director of a company. This impliesthat a child under 18 who has been emancipatedcan be a director of a company.An emancipated minor is a child who has been givenexpress or implied consent by a parent or guardian toparticipate in commercial contracts independently.BankaccountsAge at which a child can open andoperate a bank account.16A 16-year-old child can be a depositor at a bank wherethe deed of establishment or statutes of the bank makeprovision for it. He/she can execute the necessarydocuments, cede, pledge, borrow against andgenerally deal with his/her deposit and can enjoy allthe privileges and be liable for all the obligations andconditions applicable to depositors as if he/she was amajor (adult). April 2011 Children’s Institute, University of Cape TownSource of lawCompanies Act 61 of1973.Section 218(1)(b).Amendment: NewCompanies Act 71 of2008.Section 69(7)(b).At the time ofpublication, the Acthas been passed byParliament and signedby the President, butwas not yet inoperation.Banks Act 94 of 1990.Section 87(1).andMutual Banks Act 124of 1993.Section 88(1).8
AreaCreditDetailAge at which a person can apply forcredit in their personal capacity.Age18However the Act implies that an emancipated minorcan apply for credit.Own willWitness to awillLitigationAn emancipated minor is a child who has been givenexpress or implied consent by a parent or guardian toparticipate in commercial contracts independently.Age at which a child can make his/her 16own valid will.Age at which a child can be a witness 14to someone else’s will.Age at which a child can sue or besued in his/her own name.The Bill of Rights gives everyone(including children) the right to haveaccess to court and the right to havelegal representation. The Children’sAct builds on the Bill of Rights byspecifying that every child has theright to bring, and to be assisted inbringing, a matter to a court. As aparty to proceeding in the children’scourt, a child is entitled to legalrepresentation.In cases where a child isunrepresented and the court is of the April 2011 Children’s Institute, University of Cape Town18At this age the child becomes a major/adult and cantherefore litigate in his/her own name.Under 18:In terms of common law: a child has limited capacity to litigate and wouldneed parental assistance (or a court-appointedcurator) to institute legal actions in his/her ownname.litigation for or against a child under the age ofseven has to be done in the name of the parentor curator.litigation for or against a child between sevenSource of lawNational Credit Act 34of 2005.Section 60(1) read withsections 61(4) and89(2)(a).Wills Act 7 of 1953.Section 4.The Wills Act 7 of1953.Section 1.Constitution of theRepublic of SouthAfrica Act 108 of 1996.Section 28(1)(h), 34and 38.Children’s Act 38 of2005.Sections 17, 14, 54, 55read with the commonlaw requirementsregarding the capacityof minors to litigate.9
AreaService ofcourt paperson a personbeing suedopinion that the child needs legaland 18 is done in the child’s name.representation, the court can refer theThe Constitution stipulates that children have a right tomatter to the Legal Aid Board tolegal representation, which includes the right to have aconsider appointing a legalcurator appointed or to have a separate legalrepresentative for the child.representative appointed. There have been severalOn a practical level, most children will cases where a child acted in his/her own name withlegal representation.require the assistance of an adult,usually their parent, to access theA child has full capacity to litigate in certain instances,courts. If the parents refuse to assistthe child, are not available, or there is e.g. where a child is sued for maintenance of his/herown child or where a child applies to the court for aa conflict of interests between theprotection order in terms of the Domestic Violence Actchild and the parent, the High Court116 of 1998.must be requested (by the child or aperson helping the child) to appoint acurator to assist the child.DetailAgeAge at which court papers can be18served on a person.The general rule is that court papers must be serveddirectly on the person being sued. However, if theperson being sued is a “minor“ (i.e. under 18 years),then the court papers must be served on the parent,guardian or curator of the “minor”. April 2011 Children’s Institute, University of Cape TownSource of lawRules regulating theconduct of theproceedings of theseveral provincial andlocal divisions of theHigh Court of SouthAfrica (i.e. the UniformRules of Court).Rule 4(1).10
AreaDetailAge at which a child can be handedService ofcourt papers: court papers meant for someonebeing sued.by leaving itwith a child atcertainpremisesDomicile ofchoiceAge at which a person can acquire adomicile of choice.Definition:‘Domicile’ is the residence where youhave your permanent home orprincipal establishment and to where,whenever you are absent, you intendto return. Every person is compelledto have one – and only one –domicile at a time.Children will be required to state theirdomicile when filling in contracts orwhen instituting legal proceedings. April 2011 Children’s Institute, University of Cape TownAge16If the person being sued is not present at his or herresidence, place of business or workplace, the sheriffof the court can hand the court papers (eg, asummons) to another person on the premises. Theyhowever may only hand the papers to a person whoappears to be 16 years or older.18Source of lawRules regulating theconduct of theproceedings of theseveral provincial andlocal divisions of theHigh Court of SouthAfrica (i.e. the UniformRules of Court).Rule 4(1).Domicile Act 3 of 1992.Section 1.Under 18 with majority status:Children under 18 who have attained majority statusthrough marriage can acquire a domicile of choice oncondition that they have the mental capacity to makethat choice.Note: Generally a child’s domicile is with the parents orthe parent with whom the child normally stays.However, children under 18 in foster care, in a childand youth care centre, or in other forms of custody aredomiciled at the place with which he/she is mostclosely connected. That would be, for example, thechild and youth care centre.11
AreaLeavinghomeDetailAge at which a person can leavehome.This relates to the age at which achild can establish a domicile ofchoice. See the section on ‘domicile’on the previous page.Employment(general)Age at which a child may beemployed to perform work.Age18Source of lawDomicile Act 3 of 1992.Section 1.Under 18 with majority status:Children under 18 who have attained majority statusthrough marriage can acquire a domicile of choice oncondition that they have the mental capacity to makethat choice.15Basic Conditions ofEmployment (BCE) Act75 of 1997.No-one may employ a child under the age of 15 orunder the minimum school-leaving age. In terms of the Section 43.Schools Act, the minimum school-leaving age is theSouth African Schoolslast school day of the year the child turns 15 or theAct 84 of 1996.age at the end of the ninth grade; whichever comesSection 3.first.Regulations to the BCE Act govern the conditionsunder which children aged 15 to 18 may beemployed. The regulations define a ‘child worker’ as“any child who is employed by or works for anemployer and who receives or is entitled to receiveremuneration; or who works under the direction orsupervision of an employer or any other person”.These regulations prohibit or place conditions on thework that may be required, expected or permitted tobe performed by a child worker: April 2011 Children’s Institute, University of Cape TownA child worker may not be permitted or requiredto do any work that requires respiratoryDepartment of Labour:Basic Conditions ofEmployment Act 75 of1997: Regulations onhazardous work bychildren in South Africa.Government GazetteNo 32862, GovernmentNotice No 7, 15January 2010.Department of Labour:Sectoral Determination10: Children in the12
protection to be worn.A child is only allowed to work in elevatedpositions (work at a height of more then 2metres from the floor or ground) in certaincircumstances.A child worker can only be required orpermitted to do work that requires lifting heavyweights in certain circumstances.A child worker can only be required orpermitted to work in cold, hot or noisyenvironments in certain circumstances.A child worker may only be required orpermitted to use power tools or cutting orgrinding equipment in certain circumstances.If certain conditions are met a child under 15 can beemployed to perform labour for advertisements, sportor in an artistic or cultural event (Basic Conditions ofEmployment Act).AreaDetailAgeAge at which employees at mines can 18Workingunderground work underground in a mine.at a mineUnder 18 but over 16:May work underground as part of vocational educationor training.Defence force Age at which a person may serve in18the National Defence Force (theregular force or the reserve force). April 2011 Children’s Institute, University of Cape TownPerformance ofAdvertising, Artistic andCultural Activities,South Africa.Government GazetteNo 26608, GovernmentNotice No 882, 29 July2004 read with section55(6)(b) of the BasicConditions ofEmployment Act 75 of1997.Source of lawMine Health and SafetyAct 29 of 1996.Section 85.Defence Act 42 of2002.Section 52Department of Defence:Regulations for theReserve Force.13
AreaPolice forceDetailAge at which a person may serve inthe South African Police Force (theregular or the reserve force).Age18Fire brigadeAge at which a child can be areservist for the Fire Brigade Service.16, with permission from a parent or guardianNote: The regulations on Hazardous Work by Childrenin South Africa apply to a child who is a reservist forthe fire brigade (since fire brigade work could behazardous for child workers). See the section on‘general employment’ on p. 12. April 2011 Children’s Institute, University of Cape TownGovernment GazetteNo 32453, GovernmentNotice No 799, 31 July2009.Regulation 5(1)(c).Source of lawDepartment of Safetyand Security.Regulations in terms ofthe South AfricanPolice Service Act 68 of1995. GovernmentNotice No 203, 14February 1964.Regulation 11(1)(a)(iii).Government GazetteNo 23245, GovernmentNotice No 334, 22March 2002.Regulation 3(1) (b).Regulations in terms ofthe Fire BrigadeService Act 99 of 1987:Fire Brigade ReserveForce. GovernmentGazette No 15431,Government Notice No78, 21 January 1994.Regulation 3(c).14
AreaDebtcollectorDetailAge at which a person can beemployed as a debt collector.Age18Creditprovider ordebtcounsellorWorking inthe liquorindustryAge at which a person can beregistered as a credit provider or debtcounsellor.18AlcoholAge at which a child can be employed 16in the liquor industry in activitiesrelating to the manufacturing orThe rule here is that a child under 16 cannot bedistribution of liquor.employed in activities relating to the manufacturing ordistribution of liquor unless it is for training purposes.Age at which a person may besold/supplied alcohol.However no child under 18 is allowed to produce orimport liquor or supply it to anyone.18The law prohibits anyone from selling or supplyingalcohol to a child.18GamblingAge at which a person may gamble.Selling orsupplyingtobaccoproducts to achildAge at which a person may be sold or 18supplied cigarettes or any othertobacco product.The law prohibits anyone from selling or supplyingtobacco products to a person under 18 years. April 2011 Children’s Institute, University of Cape TownSource of lawDebt Collectors Act 114of 1998.Section 10(1)(a)(iv).National Credit Act 34of 2005.Section 46(3)(a).Liquor Act 59 of 2003.Sections 8(1) and10(6), read withsection 1.The Liquor Act 59 of2003.Section 10(1) read withsection 1.National Gambling Act7 of 2004.Section 12 read withsection 1.Tobacco ProductsControl Act 83 of 1993.Section 4.15
AreaSelling orsupplyingtobaccoproducts athealthfacilities or ateducationinstitutionswherechildren arebeingeducatedSmoking inthe presenceof youngchildrenFirearmsDetailNo-one can sell or offer to selltobacco products in a health facility orin any place where a child (personunder 18) receives education ortraining.AgeIt is an offence to sell or offer to sell tobacco productsat any place where a person under the age of 18years receives education or training.Adults are prohibited from smoking ina car where a child under 12 ispresent.It is an offence to smoke in a car where a child underthe age of 12 is present.Drivinga carAge at which a person can legallydrive a car.The offence carries a fine of up to R100 000.The offence carries a fine of R500.Age at which a person can apply for a 21firearm license and legally possess afirearm.Under 21 if compelling reasons exist.Age at which a child can legally driveDriving amotorcycle or a motorcycle or quad-bike with anengine of 125 cubic centimetres.quad- bike April 2011 Children’s Institute, University of Cape TownSource of lawTobacco ProductsControl Act 83 of 1993.Section 4(4)(b) readwith section 7(3).18(17 with learner’s license provided a licensed driver isin the passenger seat at the time of driving.)16Tobacco ProductsControl Act 83 of 1993.Section 2(1)(a)(iii) readwith section 7(4).Firearms Control Act 60of 2000.Sections 9(2)(a) and9(5)(a).National Road TrafficAct 93 of 1996.Section 15.National Road TrafficAct 93 of 1996.Section 15.16
AreaRegisteringas a voterDetailThe age at which a child can apply tobe registered as a voter.Age16Note: The name of the successful applicant will onlyappear on the voters’ roll once he/she turns 18.18VotingThe age at which a person can vote.IdentitydocumentAge at which a child can apply for anidentity document.PassportAge at which a person can apply for a 18passport without parental consent.Child aged 16 to 17 years:Can apply for a passport or travel document but willneed written parental consent to be issued with therequired documents. Both parents and all guardians (ifthey are more than one) must consent to the child’sapplication for a passport. However if one parent hassole guardianship over the child then only that parentneeds to consent to the application.16Source of lawElectoral Act 73 of1998.Section 6.Electoral Act 73 of1998.Section 1 (definition ofvoter).Identification Act 68 of1997.Section 15.Children’s Act 38 of2005.Section 18(5) read with18(3)(c)(iv).Department of HomeAffairs: Regulations tothe South AfricanPassport and TravelDocuments Act 4 of1994. GovernmentGazette No 17172,Government Notice No784, 10 May 1996.Under 16:A passport for a child under 16 can be obtained withthe written consent of both parents and all guardians (ifmore than one) when the application is made. Howeverif one parent has sole guardianship over the child then Regulation 2(6) readwith regulations 3(3)(c)only that parent needs to consent to the application.and (j).Both parents and all guardians also have to sign theapplication form. April 2011 Children’s Institute, University of Cape Town17
South African Passportand Travel DocumentsAct 4 of 1994.Section 1: definition ofminor.AgeSource of lawBirths and Deaths18Registration Act 51of 1992.For children under 18:The parent or guardians (including a person who in law Sections 24 and 25or in fact has custody or control of the child) of the child read with the definitionof ‘major’ or ‘person ofmust apply for a change of his or her forename orage’ in section 1.surname. Children therefore generally cannot apply tochange their forenames or surnames.Children who are under 18 but married oremancipated:Can apply for a passport without parental consent.AreaChange offorename orsurnameDetailAge at which a person can changehis/her forename or surname withoutparental consent.Children under 18 who are married:A child under 18 who has contracted a valid marriageis considered a major or ‘person of age’ and can applyfor a change of his/her forename or surname byhim/herself. April 2011 Children’s Institute, University of Cape Town18
AreaAlteration ofsexdescription inbirth registerDetailAge at which a child can apply toHome Affairs to have his/her sexdescription changed on the birthregister.AgeAny person whose sexual characteristics have beenaltered or has undergone gender reassignment (i.e.sex change) can apply to have the birth registerchanged.Note: Once a change is made to thebirth register, the birth certificate (andconsequently identity document) canbe changed as well.A person’s sexual characteristics can be alteredthrough surgery, medical treatment or evolvementthrough natural development which results in genderreassignment.Thus if a child’s sex description has been altered eitherthrough medical treatment, surgical operation orthrough natural development, that child can apply tohave the birth register changed.Admission toschool:Grade R(receptionyear)Admission toschool:Grade 1Age at which a child may be admittedto grade R in primary school.Note: A child can only undergo treatment or surgery toaffect a sex change in accordance with the provisionsfor giving consent to medical treatment or surgery. Seethe sections on ‘surgical operations’ and ‘medicaltreatment’ on pp. 24 – 25.Age 4, turning 5 by end of June in the year ofadmission.Age at which a child may be admittedto grade 1 in primary school.Age 5, turning 6 by end of June in the year ofadmission. April 2011 Children’s Institute, University of Cape TownSource of lawCombination oflegislation:Births and DeathsRegistration Act 51 of1992.Section 27A.Alteration of SexDescription and SexStatus Act 49 of 2003.Section 2.Children’s Act 38 of2005.Section 129.South African SchoolsAct 84 of 1996.Section 5(4)(a)(i).South African SchoolsAct 84 of 1996.Section 5(4)(a)(ii).19
AreaCompulsoryschoolstarting ageLeavingschoolDetailAge at which a child must beattending school.AgeThe year in which the child turns 7.A child must attend school from the first day of schoolin the year that the child will turn 7. The parents or anyperson who prevents the child from attending schoolwill be guilty of an offence if they fail to ensure, withoutany good reason, that the child attends school.However parents can apply to have their childreneducated at home.The age at which compulsory schoolattendance, as required by law, ends.Age at which a child is considered byChildrenthe law to be capable and maturecapable ofconsenting to enough to consent to sex.sex April 2011 Children’s Institute, University of Cape TownNote: For the purpose of these provisions a ‘parent’includes a guardian or a legal custodian of the child orsomeone who undertakes to fulfil the obligations of aparent, guardian or custodian in respect of theeducation of the child.The last day of school in which the child turns 15or the end of ninth grade, whichever comes first.A child must attend school until this age/grade or elsethe parents or any person who prevents the child fromattending school will be guilty of an offence if they failto ensure, without any good reason, that the childattends school.16Source of lawSouth African SchoolsAct 84 of 1996.Sections 3(1) and3(6)(a) read withsection 51.Also see section 1 ofthe Act for thedefinition of ‘parent’.South African SchoolsAct 84 of 1996.Section 3(1) read withsub-section 6.Criminal Law (SexualOffences and RelatedMatters) AmendmentAct 32 of 2007. Seethe definition of a childin relation to sections15 and 16.20
AreaChildrencapable butnot matureenough toconsent tosexDetailAge at which a child is consideredcapable, but not mature enough, toconsent to sex.Age12 to 16Source of lawCriminal Law (SexualOffences and RelatedMatters) AmendmentAccording to the Criminal Law Amendment Act it is anAct 32 of 2007.offence for a person to have sex with or to sexuallySections 15 and 16violate (non-penetrative sexual acts) a child who isread with the definitionbetween 12 and 16 years, even with that child’sof a child in relation toconsent.these sections andIt is however a defence to such a charge if the accused section 56(2).was deceived by the child into believing that the childwas above 16.If two children between 12 and 16 years engage inpenetrative sex with each other, they may both becharged under the Act with ‘statutory rape’. However,to prevent unnecessary prosecutions of children, thedecision to prosecute the children must be authorisedby the National Director of Public Prosecutions.If two children between 12 and 16 years engage innon-penetrative sexual acts with each other, they mustboth be charged under the Act with ‘statutory sexualviolation’. However, to prevent unnecessaryprosecutions of children, the decision to prosecute thechildren must be authorised by the relevant provincialDirector of Public Prosecutions. In addition, it is adefence to argue that both the accused were childrenwith an age difference of not more than two yearsbetween them at the time of the offence. April 2011 Children’s Institute, University of Cape Town21
AreaChildrenincapable ofconsenting tosexCivil lawmarriageDetailAge at which a child is considered bythe law to be incapable of consentingto sex.Age at which a child may enter intomarriage in terms of civil law.AgeBelow 12:Any person having sex (penetrative or non-penetrative)with a child under this age is committing the crime ofrape or sexual violation.Note: The defences which can be raised in the case of‘statutory rape’ (see previous page) cannot be used inthe case of sex with a child under 12. However, if theaccused is a child below the age of 10 years, the childcannot be prosecuted (see the section on ‘criminalcapacity’ on p. 33). If the accused is a child betweenthe ages of 10 and 14, the child can be prosecuted butthe prosecution bears an onus to prove that the childdid have criminal capacity.Boys and girls: 18 – without parental consent.Girls: 15 to 17 – with consent of the girl and herparents.Girls: 12 to 14 – with the consent of the girl, herparents AND the Minister of Home Affairs.Boys: 14 to 17 – with the consent of the boy, hisparents AND the Minister of Home Affairs.Note: The minimum age for a valid marriage is set outin terms of common law. Common law dictates that achild cannot get married below the age of puberty, i.e.below 12 years for girls and below 14 years for boys. April 2011 Children’s Institute, University of Cape TownSource of lawCriminal Law (SexualOffences and RelatedMatters) AmendmentAct 32 of 2007.Section 57 read withsections 1(2) and1(3)(d)(iv).Marriage Act 25 of1961.Section 26(1) read withsections 17 and18(3)(c)(i) of theChildren’s Act 38 of2005.See also section 12(2)of the Children’s Act,read with the commonlaw.22
The Children’s Act prohibits the arrangement ofmarriages or engagements for children below theminimum age for a valid marriage (i.e. below 12 yearsfor girls and below 14 years for boys.)AreaCustomarylaw marriageDetailAge at which a child may enter into amarriage in terms of customary law.Furthermore, the Children’s Act clarifies that a parentcannot arrange a marriage or engagement of a childwithout the child’s consent.Age18 (without parental consent
Africa Act 108 of 1996. Section 28(3). Children’s Act 38 of 2005. Section 1. Age of majority . The age of majority sets the age at . and the Children’s Act are afforded to all persons under the age of 1
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