These terms are often mentioned in laws, contracts and news articles.  What do they actual mean?

Status refers to your rights and responsibilities in civil and criminal law and whether you can sue or be sued.

This is further limited by your domicile (where you live and consider to be your home country), your age and your mental capacity.

Age and capacity go hand in hand, as described below :

  1. 0-7 Years old- Children between these ages have no capacity to act and need a parent or guardian to act on their behalf;
  2. 7-18 Years old- These ages have limited capacity to act. At this stage a minor (any person under the age of 18 years) can enter into contracts but need their parent or guardian to consent before it is legally binding; and
  3. 18 years and above- You are now considered a major and have unlimited capacity to act, unless you are mentally incapacitated.  In this case, the court would appoint a Curator to administer your affairs on your behalf in your best interests.

Here are some random and interesting other facts about the law and age:

  1. 0-10 Years – Children between these ages have no criminal liability;
  2. 10 Years old – 18 Years old- these minors need to consent to an adoption to be legal;
  3. 14 years and older- This person can be a witness to a will;
  4. 12 Years and above- a minor can make medical decisions for themselves without their parents/guardians consent if they understand the risks involved ;
  5. 12-15 Years old- A minor of this age can get married with consent of their parent/guardian and the Minister of Home Affairs, when they are married they still obtain the status of majority even after divorce; and
  6. 16 Years and above- A minor can now execute a will for themselves without assistance or consent of a parent or guardian.

The law therefore indicates that to enter into any legal contract or litigation in general one must know of their legal status in order to peruse same legally.

For any questions on your legal status contact our offices today on 031 003 0630 or email us at Charmaine@schwenninc.co.za.

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