Chapter 6 : Prohibition of employment of children and forced labour

43. Prohibition of employment of children

(1)           No person may employ a child—

(a)          who is under 15 years of age; or

(b)          who is under the minimum school-leaving age in terms of any law, if this is 15 or older. [Section 31(1) of the South African Schools Act, 1996 (Act No. 84 of 1996) requires every parent to cause every learner for whom he or she is responsible to attend a school until the last school day of the year in which the learner reaches the age of 15 or the ninth grade, whichever is the first.]

(2)           No person may employ a child in employment—

(a)          that is inappropriate for a person of that age;

(b)          that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development.

(3)           A person who employs a child in contravention of subsection (1) or (2) commits an offence.