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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

4. Manner of conducting virginity test


(1) A person who conducts a virginity test must ensure that—
(a) each child is tested individually and in private;
(b) the test is conducted in a hygienic manner, which at all times includes—
(i) the use of a separate pair of sterile surgical gloves for each test in the case of a virginity test involving the inspection of any bodily orifice of the child being tested;
(ii) disposal of such surgical gloves after each virginity test in accordance with medical standards for the disposal of surgical gloves;
(iii) sterilisation of any instrument used in the performance of any virginity test in accordance with medical standards for the sterilisation of instruments; and
(iv) avoidance of direct blood contact or contact with any bodily fluid between the child undergoing the virginity test and the person performing the virginity test; and
(c) the least invasive means of testing for virginity is used with due regard to the child's right to bodily integrity.


(2) A virginity test may be performed on a girl child only by a female person and on a boy child only by a male person.


(a) No virginity test may be performed on a child unless—
(i) the consent and the required proof of age contemplated in regulation 3 have been submitted to the person conducting the test; and
(ii) the child has been given proper counselling by a parent, guardian or caregiver and a social service professional.
(b) The age of a child consenting to a virginity test must be established by having regard to an identity document or birth certificate of the child, an affidavit furnished by the child's parent or care-giver confirming the age of the child or an estimation of age contemplated in section 48(2) of the Act.


(4) Any person who contravenes any provision of this regulation is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment.