Family Law

Age, Domicile And Status

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A person’s capacity is limited by his/her domicile, age, or mental and physical ability. Read this QuickLaw guide to learn about the effects of a person's status, domicile and age.

Date: July 2023

 

What effect does a person’s status have?

  • Status refers to a person’s capacity to:

    • have rights and duties (“legal capacity”);

    • enter into contracts (“capacity to act”);

    • be held liable for crimes (“criminal liability”); and

    • sue or be sued (“capacity to litigate”).

  • A person’s capacity is limited by his/her domicile, age, or mental and physical ability.

 

What effect does a person’s age have?

  • A person has full, limited or no capacity, as explained in the table below:

Age

Capacity

Infants

0-7 years of age

  • No capacity.

  • A parent or guardian acts on behalf of an infant.

Minors

7-18 years of age

  • Limited capacity. 

  • A minor can enter into contracts with the consent or assistance of his/her parent or guardian.

  • A minor does not need assistance from his/her parent or guardian for HIV testing, acquiring rights without duties (like receiving a donation), or access to information.

0-12 years of age

  • No criminal responsibility.

12-14 years of age

  • There is a presumption that there is no criminal responsibility unless proven otherwise.

14 years of age and above

  • Full criminal responsibility.

  • A minor can be a witness to a Will.

10 years of age and above

  • A minor must consent to his/her adoption.

12 years of age and above

  • A minor can receive medical treatment without the consent of his/her parent or guardian provided that the minor understands the advantages, risks and implications of the treatment.

12–15 years of age for girls

14–18 years of age for boys

  • A minor may get married with the consent of his/her parent or guardian and the Minister of Home Affairs.

  • A minor who gets married becomes a major, and maintains this status upon divorce. 

16 years of age and above

  • A minor can make a Will without the assistance of his/her parent or legal guardian.

  • A minor can open a bank account. 

Majority:

18 years of age and above

 

  • A person has full capacity, unless s/he is mentally ill, physically disabled or is a prodigal and cannot manage his/her affairs (a curator must be appointed); or is under the influence of alcohol and drugs (for example, the contract may be void as it was entered into while s/he could not control his/her actions).

                                               

Glossary of terms:

CURATOR: a person appointed by a High Court to manage a person’s estate as s/he cannot manage his/her affairs. 

GUARDIAN: both parents are guardians of a child born from the marriage; the mother of a child born out of wedlock is the guardian, unless the father acquires guardianship, for example, by living in a permanent life-partnership with the mother; or the court may appoint a guardian. Guardianship includes safeguarding the child’s property or property interests; representing the child in legal matters; and consenting to marriage, adoption, removal from South Africa, or an application for a passport. 

PARENT: the biological father or mother of a child who has full or limited parental rights and responsibilities over his/her child.

PRODIGAL: a person who wastes money in an irresponsible and extravagant manner.

VOID: a term used to describe a contract as being invalid and unenforceable.

 

How can LegalWise assist you? 

Should you require an explanation of your rights on this topic, please contact your nearest Branch.

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