AND
MINIMUM AGES FOR ABILITY TO
MAKE CERTAIN DECISIONS OR TO CONSENT TO CERTAIN MATTERS IN SOUTH AFRICA
COMPARATIVE AGES OF CONSENT
FOR SEXUAL ACTIVITY
|
COUNTRY |
AGE OF CONSENT |
|
South
Africa Heterosexual carnal intercourse Immoral / indecent act hetero / homo |
16 19 |
|
India Sexual activity – intercourse Carnal intercourse against nature |
18 Prohibited – life imprisonment |
|
Sweden Sexual activity |
15 |
|
Canada Sexual activity Anal intercourse |
14 18 |
|
Japan Sexual activity |
13 |
|
United
States of America Federal age for sexual acitivity |
16 |
|
United
Kingdom Heterosexual sexual activity Homosexual sexual activity for males |
16 18 |
|
Kenya |
16 |
MINIMUM AGES FOR ABILITY TO MAKE CERTAIN DECISIONS OR TO CONSENT TO
CERTAIN MATTERS IN SOUTH AFRICA
|
ACTIVITY |
MINIMUM AGE |
SOURCE |
|
Consenting
to own adoption |
10 |
Child
Care Act 74 of 1983 |
|
Medical
treatment for self or his or her child eg blood test, contraception |
14 |
Child
Care Act 74 of 1983 |
|
Consenting
to surgery |
18 |
Child
Care Act 74 of 1983 |
|
Consenting
to abortion |
No age
limit (girl under 18 ‘advised’ to consult her parents/guardians) |
Choice
on Termination of Pregnancy Act 92 of 1996 |
|
Consenting
to marriage (civil) |
18 – 21 (parental consent needed) 12 – 15 Girls (parental consent and consent of
Minister of Home Affairs except if the High Court has already consented to
the marriage) 14 – 18
Boys (parental consent and consent of Minister of Home Affairs except if the
High Court has already consented to the marriage) |
Marriage
Act 25 of 1961 |
|
Consenting
to customary marriage |
18 |
Recognition
of Customary Marriages Act 120 of 1998 |
|
Employment |
15 (but
subject to constitutional limits on type of work - must be suitable to age
and not risk overall well-being, health or development) |
Basic
Conditions of Employment Act 3 of 1984 |
|
Making a
will |
16 |
Wills
Act 7 of 1953 |
|
Making a deposit in a building society |
16 |
Mutual
Building Societies Act 24 of 1965 |
|
Making a
deposit in a bank |
16 |
Banks
Act 94 of 1990 |
|
Voting
in an election |
18 |
Electoral
Act 73 of 1998 |
|
Obtaining
a driver’s licence |
18 |
National
Road Traffic Act 93 of 1996 |
|
Taking
out life or short-term insurance |
18 |
Long-term
Insurance Act 52 of 1998; Short-term Insurance Act 53 of 1998 |
|
Establishing
own home |
18 |
Domicile
Act 3 of 1992 |
|
Being
included in the population register |
16 |
Identification
Act 68 of 1997 |
|
Exemption
from school attendance |
16 (and
can obtain permanent employment) |
Education
Affairs Act 70 of 1988 |
|
Working
underground in a mine |
18 |
Mine
Health and Safety Act 29 of 1996 |
|
Buying
tobacco products |
16 |
Tobacco
Products Control Act 83 of 1993 |
|
Applying
for asylum |
16 |
Refugees
Act 130 of 1998 |
|
Buying
liquor |
18 |
Liquor
Act 27 of 1989 |
|
Age
restrictions on distribution of pornography |
18 (or
older than a specified younger age) |
Films
and Publications Act 65 of 1996 |
|
Gambling |
18 |
National
Gambling Act 7 of 2004 |
|
Criminal
capacity |
7
(certain presumptions exist) 10
(proposed age) |
Common
law Child
Justice Bill |