Civil Procedure

Legal Capacity

Legal capacity is the ability to enter into binding legal contracts, give valid consent, and make legally enforceable decisions. Children and persons under curatorship have limited capacity.

Legal Definition

Full legal capacity is attained at age 18 (majority under the Children's Act 38 of 2005). Minors (under 18) have limited capacity — they need parental or guardian assistance to conclude contracts. Persons with severe mental illness may be placed under curatorship, further limiting their capacity.

📖 Constitutional / Statutory Basis: Section 28 (children), Section 10 (dignity), Constitution of the Republic of South Africa, 1996; Children's Act 38 of 2005

Practical Example

A 16-year-old signs a lease without parental assistance. The contract is voidable — the minor can repudiate it before reaching majority. The landlord cannot enforce it against the minor without ratification.

Frequently Asked Questions

Can a minor own property?

Yes, but cannot alienate it or encumber it without guardian assistance until age 18.

What is contractual capacity for a married minor?

A minor who is lawfully married acquires full contractual capacity — the marriage itself emancipates the minor.

What is the age of criminal capacity?

Under 10: no criminal capacity. Ages 10–13: rebuttable presumption of no criminal capacity. Ages 14 and over: full criminal capacity, but the Child Justice Act mandates alternative processes.

Related Terms

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