85. The Constitution grants every person the right to a basic education. The South African Schools Act (1996) provides for compulsory education between the ages of 7 and 15.

81. The minimum age of employment for children is specified in the Basic Conditions of Employment Act (1996) and the Child Care Act (1983). The Basic Conditions of Employment Act is being revised, and a new bill is presently being debated in Parliament. This strengthens provisions on the prohibition of child labour, as well as protecting children in employment between 15 and 18 years.

82. While there have been pressures from organized labour to increase the age in the bill to 16 years of age, Cabinet recently took a decision that it should remain at 15 years as this is the same as the school-leaving age.

83. A practical point of concern is the number of children who work who are below the minimum age specified in the present legislation. Additionally, there are reports of children being subjected to exploitative and hazardous work. At present, the child labour provision appears in the Child Care Act (1983) which is administered by the Department of Welfare. But, in 1996 responsibility for child labour issues was handed to the Department of Labour, because the Department of Welfare was unable to monitor child labour issues adequately and no resources for an inspectorate were available. There have allegedly been no prosecutions whatsoever instituted for violations of the child labour provision in the Child Care Act (1983). The new provisions will be enacted in the above-mentioned Basic Conditions of Employment Act, which will be enforced by the Department of Labour. In practice, though, it may not be easy to enforce the rules of employment.

524. The present Basic Conditions of Employment Act (1983) prohibits the employment of children under the age of 15. However, the Act makes no provision for enforcing this prohibition. This responsibility rests in the Child Care Act (1983). However, the Child Care Act (1983) does not make provision for inspectors, and the Department of Welfare does not have the capacity to undertake inspections.

527. South Africa has not ratified any of the existing International Labour Organization (ILO) Conventions on child labour, although the Department of Labour is in the process of discussing the ratification of Convention 138. South Africa is also part of the revision process of the proposed new ILO Convention

57. Minors under the age of 21 require parental permission to marry. Where parents refuse consent, an application may be made to the High Court (as guardian of all minors). Further, if a boy below the age of 18 years, or a girl below the age of 15 years wishes to marry, not only parental consent, but also the permission of the Minister of Home Affairs must be obtained, unless the High Court has already given its consent. No girl below the age of 12 or boy below the age of 14 may marry.

68. Under common law, children are regarded as having criminal capacity at the age of 7 years, although between the ages of 7 and 14 there is a presumption that the child lacks criminal capacity. This presumption can be rebutted by the State if it is shown that the child knows the difference between right and wrong and has the ability to act in accordance with that knowledge.

70. In practice, the presumption that a 7- to 14-year-old lacks criminal capacity is fairly easily rebutted, and children under the age of 14 are often arrested and convicted of criminal offences. Children under the age of 14 are to be found serving sentences of imprisonment in South African prisons. In law, children of 14 and above have the same criminal capacity as that of an adult and can be sentenced to imprisonment.