Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 2 : Social, Cultural and Religious Practices(Section 12 of the Act)Part I : Virginity Testing4. 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. |
| (3) |
| (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. |