In South African law, the age of majority refers to the age at which a person is legally considered an adult, with full capacity to act independently. This milestone is significant because it determines when an individual gains the legal right to make decisions without parental or guardian consent.
The Age of Majority
In South Africa, the age of majority is 18 years old, as established by the Children’s Act 38 of 2005. Before 2007, the age of majority was 21, but legal reform brought it in line with international standards and the constitutional recognition of children’s rights.
Once a person turns 18, they are considered a major, meaning they have full legal capacity to:
- Enter into contracts
- Own and manage property
- Give valid consent (e.g., to medical treatment, marriage, or financial decisions)
- Institute or defend legal proceedings in their own name
- Be held fully accountable under civil and criminal law
Why the Age of Majority Matters
The age of majority has practical and legal implications across many areas of life, including:
- Contracts and Financial Transactions
- Minors under 18 cannot enter into binding contracts without the assistance of a parent or guardian, unless the contract is for necessities.
- At 18, a person can sign lease agreements, employment contracts, or open bank accounts independently.
- Property and Inheritance
- A minor cannot independently manage property or inheritance received through an estate.
- At 18, individuals gain full control over inherited property, investments, or assets placed in their name.
- Medical and Personal Decisions
- Persons under 18 generally require parental consent for medical procedures, except in certain situations (e.g., contraceptives, termination of pregnancy at 12+ under specific laws).
- At 18, they can consent to all medical treatments, surgeries, and lifestyle decisions independently.
- Litigation
- Before turning 18, a parent or guardian must sue or defend legal actions on behalf of a minor.
- At 18, individuals gain locus standi (the legal standing) to litigate in their own right.
- Criminal Responsibility
- Children under 10 cannot be held criminally liable.
- From ages 10 to 14, limited liability applies unless criminal capacity is proven.
- By 18, individuals are treated as fully responsible under criminal law, with no special protections of childhood.
Age of Majority vs Age of Consent
It’s important to distinguish between the age of majority and other legal ages that grant specific rights:
- Age of Consent (Sexual Activity): 16 years
- Age for Marriage (with consent): 18 years (minimum age 18, following the Marriage Amendment Act of 2022)
- Voting Age: 18 years
- Age for Alcohol Purchase: 18 years
While different laws grant limited rights earlier, the age of majority (18) is the threshold where all legal rights and responsibilities converge.
Final Thoughts
The age of majority in South Africa marks a turning point from legal childhood to adulthood. At 18, individuals step into full independence, gaining both rights and responsibilities under the law. This shift has far-reaching effects, from contracts and finances to family law, medical decisions, and personal freedom.
At Pravda & Knowles Attorneys, we frequently advise families on the implications of children reaching majority-whether in estate planning, custody disputes, or financial arrangements. Understanding this legal milestone helps parents and young adults prepare for the transition into adulthood with clarity and confidence.