By Henri du Plessis
Eighteen-year-olds are no longer regarded as children and 12-year-olds can obtain contraceptives and HIV treatment without their parents' consent, according to new provisions made to the Children's Act.
Sections of the Children's Act No 38 of 2005 come into effect on Monday, including provisions that lower the age of majority from 21 to 18, said Lucy Jamieson of the Children's Institute at UCT.
This means that 18-year-olds will be able to enter into legally binding contracts without the permission or input of their parents.
Therefore, at the age of 18, a person could get married, sign employment contracts, apply for housing or litigate in their own name.
Jamieson said: "Children over 12 can consent to HIV-testing without parental involvement (in the past, the law allowed it at the age of 14) and children over 12 can have access to contraceptives (previously at the age of 14)."
"Parliament passed the first Children's Bill on December 14, 2005," Jamieson said.
"The president signed it into law in June 2006 and its official name is the Children's Act No 38 of 2005.
"On June 29, the president published a proclamation in the Government Gazette for the commencement of certain sections of the Children's Act on July 1, 2007," she said.
"The full Act will not come into force until the Children's Amendment Bill is passed by Parliament and the regulations have been finalised. (This is anticipated in early 2008).
"The Child Care Act of 1983 therefore still governs the main areas of the child care and protection system."