EFFECT OF AGE ON STATUS
Age is one of the most important factors influencing a person’s status
Different ages have an influence on a person’s status in different areas of the law
Age is unique in that it has a continued effect on a person status (as opposed to mental
illness / drunkenness which only influences status for the duration of the relevant
condition)
CLASSIFICATION OF PERSONS ACCORDING TO AGE
A person’s juristic acts are dependent on his expression of will and therefore a person
should have capacity to act only if he is in possession of a reasonable will and judgement
This means that person must comprehend the nature, extent and consequences of these
acts before the law can confer capacity to act on him
A distinction between intellectual ability and ability to judge (ability to appreciate
properly the consequences of one’s conduct)
The law grants full capacity act only to those who are in possession of both
Whether or not a minor possesses the necessary judgement to manage his own affairs is
a question of fact
The law prescribes general age limits for the attainment of full capacity act to avoid
uncertainty and any impractical possibilities
Majority: 21yrs (full capacity). Refers to the lifetime of a person.
Minority: “mondigheid”/ “onmondigheid”: refers to whether or not a person is able to
manage his own affairs
Mondig person has already obtained full capacity to act, irrespective of whether it is
through marriage / by making an application to the courts to be declared a major
Onmondig person is under the age of 21yrs who is not yet obtained full capacity to act.
Therefore, always minor (under 21yrs) and this is ended by attaining majority
CHILDREN’S RIGHTS
In terms of South Africa’s ratification of the UN’s: International Convention on the
Rights of the Child (16 June 1995) and chapter 2 of the Constitution, a child enjoys the
general protection of his/her human rights
Both the Convention and the Constitution define children as persons under the age of
18yrs
s28, gives every child the right:
a. To a name and nationality from birth
b. To family care / parental care / appropriate alternative care where removed from
the family environment
c. To basic nutrition / shelter / basic healthcare services and social services
d. To be protected from maltreatment / neglect / abuse / degradation
e. To be protected from exploitative labour practices
f. Not be required or permitted to perform work / provide services that:
i. Are inappropriate for a person of that child’s age
ii. Place at risk the child’s well-being / education / physical or mental health /
spiritual or moral or social development
Age is one of the most important factors influencing a person’s status
Different ages have an influence on a person’s status in different areas of the law
Age is unique in that it has a continued effect on a person status (as opposed to mental
illness / drunkenness which only influences status for the duration of the relevant
condition)
CLASSIFICATION OF PERSONS ACCORDING TO AGE
A person’s juristic acts are dependent on his expression of will and therefore a person
should have capacity to act only if he is in possession of a reasonable will and judgement
This means that person must comprehend the nature, extent and consequences of these
acts before the law can confer capacity to act on him
A distinction between intellectual ability and ability to judge (ability to appreciate
properly the consequences of one’s conduct)
The law grants full capacity act only to those who are in possession of both
Whether or not a minor possesses the necessary judgement to manage his own affairs is
a question of fact
The law prescribes general age limits for the attainment of full capacity act to avoid
uncertainty and any impractical possibilities
Majority: 21yrs (full capacity). Refers to the lifetime of a person.
Minority: “mondigheid”/ “onmondigheid”: refers to whether or not a person is able to
manage his own affairs
Mondig person has already obtained full capacity to act, irrespective of whether it is
through marriage / by making an application to the courts to be declared a major
Onmondig person is under the age of 21yrs who is not yet obtained full capacity to act.
Therefore, always minor (under 21yrs) and this is ended by attaining majority
CHILDREN’S RIGHTS
In terms of South Africa’s ratification of the UN’s: International Convention on the
Rights of the Child (16 June 1995) and chapter 2 of the Constitution, a child enjoys the
general protection of his/her human rights
Both the Convention and the Constitution define children as persons under the age of
18yrs
s28, gives every child the right:
a. To a name and nationality from birth
b. To family care / parental care / appropriate alternative care where removed from
the family environment
c. To basic nutrition / shelter / basic healthcare services and social services
d. To be protected from maltreatment / neglect / abuse / degradation
e. To be protected from exploitative labour practices
f. Not be required or permitted to perform work / provide services that:
i. Are inappropriate for a person of that child’s age
ii. Place at risk the child’s well-being / education / physical or mental health /
spiritual or moral or social development
