Chapter Six: Prohibition of Employment of Children and Forced Labour

43. Prohibition of employment of children

1. No person may employ a child--

   1. who is under 15 years of age; or
   2. who is under the minimum school-leaving age in terms of any law, if this is 15 or older.



2. No person may employ a child in employment--

   1. that is inappropriate for a person of that age;
   2. 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.

44. Employment of children of 15 years or older

1. Subject to section 43(2), the Minister may, on the advice of the Commission, make regulations to prohibit or place conditions on the employment of children who are at least 15 years of age and no longer subject to compulsory schooling in terms of any law.

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

45. Medical examinations

The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations of children in employment.

46. Prohibitions

It is an offence to--

1. assist an employer to employ a child in contravention of this Act; or
2. discriminate against a person who refuses to permit a child to be employed in contravention of this Act.

47. Evidence of age

In any proceedings in terms of this Act, if the age of an employee is a relevant factor for which insufficient evidence is available, it is for the party who alleges that the employment complied with the provisions of this Chapter to prove that it was reasonable for that party to believe, after investigation, that the person was not below the permitted age in terms of section 43 or 44.

48. Prohibition of forced labour

1. Subject to the Constitution, all forced labour is prohibited.

2. No person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour in contravention of subsection (1).

3. A person who contravenes subsection (1) or (2) commits an offence.