WHAT MINORS CAN CONSENT TO

KAMOGELO (13) was adopted by a single mum four years ago. 

After the adoption, his mum got married and her husband was uncomfortable with the idea of not knowing what illnesses or diseases Kamogelo might have. 

He then tried to force Kamogelo to take an HIV test he didn’t want. 

Azikhiphi! His mum turned to Scorpion Legal Protection, which provides paralegal assistance on 
child-related matters. 

What does the law say? 

Children under the age of 18 are considered minors by law. This means they have limited rights to consent to certain things without the help of an adult. But in Mzansi, legislators have realised children have ever-changing capacity when making independent decisions. 

These laws allow children to make certain decisions without the help or guidance of an adult. The child’s decision should be respected by adults. 

What can minors consent to? 

Under the law, children under the age of 18 can consent to the following without the assistance of an adult: 

 Section 129 (3) of the Children’s Act allows them to consent to a surgical procedure if the child is: 

1. Older than 12. 
2. Mature enough to understand the risks, benefits, and social implications of the procedure. 
3. Assisted by their parent or guardian. 
Children older than 12 can consent to an HIV test. 
Children aged 12 and older can consent to contraceptives and advice thereon. ) Girls can consent to terminate a pregnancy at any age. 
Children older than 16 can consent to sex. Sex under the age of 16 is illegal. 
Children younger than 18 cannot consent to marriage. 

Four facts on marriage and children’s consent 

Children cannot be forced into marriage.

A child cannot get married before the age of puberty (12 for girls and 14 for boys). Girls aged from 12 to 14 and boys from 14 to 17 can consent to marriage, if their parents and the minister of Home Affairs give consent. 

Adults (18 and older) can consent independently. 

What can you do? 

Kamogelo is older than 12 and can decide not to take an HIV test. 

Legally, an adult cannot force him to take the test. 

His mum’s husband cannot force him and, if he continues, Kamogelo – with the help of his mum and a Scorpion lawyer – can stop him. 

Children have legal rights all adults should adhere to. 

How to strike back 

There are laws that protect children from adults making decisions for them not in their best interest. 

With Scorpion, Kamogelo can exercise his right to say no. 

Scorpion Legal Protection gives policyholders paralegal assistance on child-related cases. 

This is general advice, the law is complicated and this advice should not be relied upon solely.