A child of 16 or older can make a will. The third type of capacity is the most limited. The law says that a minor under 21 years cannot sue someone in court on his or her own, even if it relates to his or her own affairs. He or she is usually represented or assisted in civil court by a parent or legal guardian. In South Africa, however, the Age of Majority Act 57 of 1972, says that only at the age of 21 years does a child reach majority and stop being considered a minor.
Customary law applies to many children in South Africa.
Customary laws differ from place to place, and from system to system, and is not related necessarily to age but rather to factors such as initiation, marriage and the formation of a separate household. For example, in Xhosa customary law, until the rite of initiation has been undertaken by a male, that person remains a child even if over the age of 21 years. And even then if initiation is complete but the male continues to live within his father s household or is not married, he is not considered fully adult, and should be supported by the head of the household. As an aside, this is of particular relevance when considering youth ministry in predominantly black churches. All those not considered adult are part of the youth no matter how old they are.