http://www.justice.gov.za/legislation/acts/2005-038%20childrensact.pdf
Access to information and confidentiality
Every child has a right to access to information and confidentiality regarding his/her health status and treatment, except when this confidentiality is not in the best interests of the child. Consent to disclose that a child is HIV positive may be given by the child if (s)he is 12 years or older or of sufficient maturity to understand the implications of such disclosure. In younger children, the consent may be given by the parent/caregiver, or person in charge of a hospital (if the child is hospitalised).
Consent to medical and surgical treatment
A child may consent to his/her own medical treatment and surgical operation if (s)he is over 12 years and has the mental capacity to the implications of the treatment/procedure. For surgical operation the child must be duly assisted by his/her parent or guardian. The person in charge of a hospital may consent to the medical treatment or surgical operation if this is necessary to save the life of the child or save the child from serious injury or disability or if the need for the operation is urgent.
Contraceptives
Condoms may not be withheld from children older than 12 years if they so request them. Contraceptives other than condoms may be given to children older than 12 years without the consent of the parent/caregiver provided that proper medical counselling has been given to the child and that the child has been examined to exclude contraindications to giving specific contraceptives.
Termination of pregnancy (Choice on Termination of Pregnancy Act 92 of 1996)
If a pregnant minor requests termination of pregnancy she should be advised to discuss it with her parents/guardians but their consent is not required.
Sexual assault [Criminal law (sexual offenses and related matters) Act 32 of 2007]
While a person younger than 18 years is considered a child in South Africa, the act does allow consensual sex for people who are between 16 and 18 years. It is illegal for any person younger than 16 years to consent to or to be involved in any sexual act. It should be noted that consensual sex where both parties are 12 to 15 years is no longer a sexual offence. Consensual sex between an adolescent younger than 16 years and a partner who is not more than 2 years older is legal.
A healthcare worker may prescribe contraception to children under the age of 16 without obtaining parental/caregiver consent.
Health workers are reminded of their obligation to report sexual assault
Refer to Sexual Offenses and Related Matters Act 32 of 2007 and the Constitutional Court ruling Case CCT [2013] ZACC 35 for further guidance.