LCR4802 ASSIGNMENT 1 SEMESTER 1 2023
, Sipho is twelve years old and is brought to hospital by his guardian,
complaining of abdominal pain. It is established that Sipho rather urgently
needs an operation (appendicectomy) to have his appendix removed.
(1) Who must consent to the appendicectomy in terms of the
relevant legislation?
In terms of section 129(4) of the Children’s Act 38 of 2005 the parent,
guardian or caregiver of a child may, consent to the medical treatment of
the child if the child is:
under 12 years old or
over 12 years old but is of insufficient maturity.
The provisions of subsection (4) are subject to the provisions of section
31, which stipulates that before a person holding parental responsibilities
and rights in respect of a child takes any decision involving the child
regarding (inter alia) the refusal or granting consent required by law in
respect of that child, that person must give due consideration to any
views and wishes expressed by the child, bearing in mind the child’s age,
maturity and stage of development.
Section 32 places an obligation on a person, including a caregiver, who
has no parental responsibilities and rights but who voluntarily cares for
the child can consent to the medical examination or treatment of a child if
such consent cannot reasonably be obtained from the parent or guardian.
When a child who cannot consent to undergo an operation or medical
treatment, parents refuse to consent, the Minister may consent if the
parent or guardian:
unreasonably refuses to give consent.
is incapable of giving consent.
cannot readily be traced.
is deceased.
In the given facts, Sipho is 12 years old and hence cannot give consent. It
follows that the guardian can consent to the appendicectomy on behalf of
Sipho.
, Sipho is twelve years old and is brought to hospital by his guardian,
complaining of abdominal pain. It is established that Sipho rather urgently
needs an operation (appendicectomy) to have his appendix removed.
(1) Who must consent to the appendicectomy in terms of the
relevant legislation?
In terms of section 129(4) of the Children’s Act 38 of 2005 the parent,
guardian or caregiver of a child may, consent to the medical treatment of
the child if the child is:
under 12 years old or
over 12 years old but is of insufficient maturity.
The provisions of subsection (4) are subject to the provisions of section
31, which stipulates that before a person holding parental responsibilities
and rights in respect of a child takes any decision involving the child
regarding (inter alia) the refusal or granting consent required by law in
respect of that child, that person must give due consideration to any
views and wishes expressed by the child, bearing in mind the child’s age,
maturity and stage of development.
Section 32 places an obligation on a person, including a caregiver, who
has no parental responsibilities and rights but who voluntarily cares for
the child can consent to the medical examination or treatment of a child if
such consent cannot reasonably be obtained from the parent or guardian.
When a child who cannot consent to undergo an operation or medical
treatment, parents refuse to consent, the Minister may consent if the
parent or guardian:
unreasonably refuses to give consent.
is incapable of giving consent.
cannot readily be traced.
is deceased.
In the given facts, Sipho is 12 years old and hence cannot give consent. It
follows that the guardian can consent to the appendicectomy on behalf of
Sipho.
