17/10/2026
💡 MONDAY FUN ANSWER
The correct answer is:
🟧 C. A male child’s right to refuse circumcision must be considered according to his age, maturity and stage of development.
⚖️ What does section 12 provide?
Section 12 protects children from social, cultural and religious practices that are harmful to their well-being.
In terms of section 12(10), every male child has the right to refuse circumcision. His age, maturity and stage of development must be taken into consideration when assessing that refusal.
❌ Why are the other answers incorrect?
👉 A is incorrect: Virginity testing of a child under the age of 16 is prohibited. Parental consent cannot make it lawful.
👉 B is incorrect: A child may not be given out in marriage or engagement without the child’s consent.
👉 D is incorrect: Female ge***al mutilation is prohibited. A cultural or religious justification does not make it permissible.
📌 IMPORTANT PROPOSED CHANGES
The draft Children’s Amendment Bill, 2025 proposes that section 12(2)(a) should expressly state that a child below the age of 18 years must not be given out in marriage or engagement.
The Marriage Bill [B43–2023] also proposes a firm minimum marriage age of 18. Under clauses 5 and 6, both prospective spouses in a monogamous or polygamous marriage must be 18 years or older and must consent to the marriage.
As presently drafted, the Marriage Bill does not provide an exception allowing a child under 18 to marry with the consent of a parent, guardian, Minister or court. A marriage that does not comply with these requirements would be null and void, and knowingly participating in the marriage of a person under 18 may constitute an offence.
⚠️ Please remember: These are proposed legislative changes. The Children’s Amendment Bill, 2025 and the Marriage Bill [B43–2023] have not yet become law.
💡 Important practice point
Culture, religion and tradition are important, but no social, cultural or religious practice may be applied in a manner that harms a child or disregards the child’s rights, dignity, bodily integrity and developing capacity.
Did you get it right? 😊
Knowing the law strengthens practice. ⚖️
Disclaimer: This post is for informational and educational purposes only and does not constitute formal legal advice. Always consult the applicable legislation, regulations and rules.
