Country profile ZAF
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2015 | 7-17 | 2.4 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 7-17 | 1.3 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 7-17 | 1.9 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 7-17 | 3.8 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2015 | 7-17 | 3.3 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2015 | 7-17 | 3.6 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2013-07-29 | C182 | Children’s Amendment Act - Article 141(1) | [{"link_name":"Children\u2019s Amendment Act","source_link":"https://www.gov.za/sites/default/files/a41-07.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | According to Article 141(1), no person may— (a) use, procure, or offer a child for slavery or practices similar to slavery, including but not limited to debt bondage, servitude, and serfdom, or forced or compulsory labour or provision of services; (b) use, procure, offer or employ a child for purposes of commercial sexual exploitation; (c) use, procure, offer or employ a child for trafficking; (d) use, procure or offer a child or attempt to do so for the commission of any offense listed in Schedule 1 or Schedule 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or use, procure, offer or employ a child for child labour. (2) A social worker or social service professional who becomes aware (a) any instance of a contravention of subsection (a), (b), (c) or (d) must report it to a police official; and (b) any instance of child labour or contravention of the provisions of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) must report it to the Department of Labour. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2013-07-29 | C182 | Children’s Amendment Act - Article 141(1) ; | [{"link_name":"Children\u2019s Amendment Act","source_link":"https://www.gov.za/sites/default/files/a41-07.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | According to Article 141(1), no person may— (a) use, procure, or offer a child for slavery or practices similar to slavery, including but not limited to debt bondage, servitude, and serfdom, or forced or compulsory labour or provision of services; (b) use, procure, offer or employ a child for purposes of commercial sexual exploitation; (c) use, procure, offer or employ a child for trafficking; (d) use, procure or offer a child or attempt to do so for the commission of any offense listed in Schedule 1 or Schedule 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or use, procure, offer or employ a child for child labour. (2) A social worker or social service professional who becomes aware (a) any instance of a contravention of subsection (a), (b), (c) or (d) must report it to a police official; and (b) any instance of child labour or contravention of the provisions of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) must report it to the Department of Labour. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2003-07-20 | C182 | Defense Act - Article 57 | [{"link_name":"Defense Act","source_link":"https://www.gov.za/sites/default/files/gcis_document/201409/a42-02ocr.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 57, states that the Regular Force consists of persons not younger than 18 years of age and not older than 65 years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2013-07-29 ; 1977 | C182 | Children’s Amendment Act - Article 141(1) - Criminal Procedure Act, 1977 - Schedule 1 and 2 | [{"link_name":"-Children\u2019s Amendment Act","source_link":"https://www.gov.za/sites/default/files/a41-07.pdf"},{"link_name":"-Criminal Procedure Act","source_link":"https://www.justice.gov.za/legislation/acts/1977-051.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | According to Article 141(1) of the Children’s Amendment Act, no person may— (a) use, procure, or offer a child for slavery or practices similar to slavery, including but not limited to debt bondage, servitude, and serfdom, or forced or compulsory labour or provision of services; (b) use, procure, offer or employ a child for purposes of commercial sexual exploitation; (c) use, procure, offer or employ a child for trafficking; (d) use, procure or offer a child or attempt to do so for the commission of any offense listed in Schedule 1 or Schedule 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or use, procure, offer or employ a child for child labour. (2) A social worker or social service professional who becomes aware (a) any instance of a contravention of subsection (a), (b), (c) or (d) must report it to a police official; and (b) any instance of child labour or contravention of the provisions of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) must report it to the Department of Labour. |
| List of hazardous activities prohibited for children | 1997-12-07 | C138 & C182 | Basic Conditions of Employment Act - Sections 5 and 7 | [{"link_name":"Basic Conditions of Employment Act","source_link":"https://www.gov.za/sites/default/files/gcis_document/201409/a75-97.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Regulations 8 and 9 contain a list of 38 types of work prohibited to children under 18 years of age. In addition, “piece work” and “task work” where the remuneration is based on the quantity of work done, and on the completion of set tasks (section 5), and “night work” (section 7) are also prohibited to children under 18 years. |
| Minimum age for hazardous work | 1997-12-07 | C138 & C182 | Children’s Amendment Bill - Section 141(1)(e) | [{"link_name":"Children\u2019s Amendment Bill","source_link":"https://www.gov.za/sites/default/files/a41-07.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 141(1)(e) of the Children’s Amendment Bill (B19-2006) contains a general prohibition concerning hazardous work by providing that no person may encourage, induce or force a child, or allow a child, to perform labour that: (i) by its nature or circumstances is likely to harm the health, safety or morals of a child; or (ii) places the child’s well-being, education, physical or mental health, or spiritual, moral or social development at risk. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1996-11-15 | C138 | South African Schools Act - Section 3(1) | [{"link_name":"South African Schools Act","source_link":"https://www.gov.za/sites/default/files/gcis_document/201409/act84of1996.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 3(1) sets 15 as the age of completion of compulsory education. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | No provision determines types and conditions under chiwh light work may be carried out. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"Basic Conditions of Employment Act","source_link":"https://www.gov.za/sites/default/files/gcis_document/201409/a75-97.pdf"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The Basic Conditions of Employment Act prohibits the employment of children under the age of 15 and any work that interferes with schooling and the Hazardous Work Regulations allows children under 15 to engage in certain activities, such as voluntary work for charitable organizations or work as part of their schooling, provided it does not harm their well-being or development. However, South Africa does not have a separate statutory category of light work for children. |
| Minimum age for admission to work | 1997-12-07 | C138 | Basic Conditions of Employment Act - Article 43 | [{"link_name":"Basic Conditions of Employment Act","source_link":"https://www.gov.za/sites/default/files/gcis_document/201409/a75-97.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 43: (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. ” (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 offense. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 07-JUN-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 30-MAR-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| South Africa has finalised the drafting of its Fifth Child Labour Programme of Action (2025-2029). This plan builds on previsous action programmes and lessons from the Durban Call to Action adopted at the 5th Global Conference in 2022. The Fifth CLPA consolidates existing interventions across education, employment, social protection and justice, with particular emphasis on addressing child labour in agriculture and other high-risk sectors and strenghtening multi-stakeholder partnerships, including civil society, organised business, labour and governement. | [{"link_name":"CLPA","source_link":"https://www.ilo.org/resource/article/south-africa%E2%80%99s-fight-against-child-labour"}] | 2025-2029 | National Child Labor Program of Action for South Africa, Phase V (CLPA) | Steering Committee |