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Children's Act, 2005 (Act No. 38 of 2005)


General Regulations Regarding Children, 2010

Chapter 2 : Social, Cultural and Religious Practices(Section 12 of the Act)

Part I : Virginity Testing

3. Consent to undergo virginity test


(1) Consent to undergo a virginity test by a child who is older than 16 years of age must be in a form identical to Form 1 and must be—
(a) completed in writing and signed by the child;
(b) signed by the person conducting the virginity test;
(c) accompanied by proof of the age of the child as established in terms of regulation 4(3)(b); and
(d) commissioned by a Commissioner of Oaths.


(2) Where a person whose signature is required in terms of paragraph (a) or (b) of sub-regulation (1) is incapable of furnishing a signature, a thumbprint of the person must be effected on Form 1 and duly attested by a commissioner of oaths.


(3) A child who is older than16 years of age and who has a disability related to brain damage which renders the said child incapable of making a decision regarding a virginity test or a child with multiple disabilities who is not able to make such a decision, cannot be subjected to a virginity test.


(4) A copy of the form contemplated in sub-regulation (1) must be retained by the person performing the virginity test for a period of three years after consent, as contemplated in this regulation, has been furnished.