When a party [employer or child’s parents or legal guardians] believe they have met the age requirements of a child employee, but cannot prove the age of the child [e.g. where no birth certificate is available] the party must prove that it was reasonable for them to believe that the child was not below the required age for employment.




Punishment for braking the law

• A magistrate’s court handles any offences regarding the sectoral determination.
• An offender can be sentenced to a fine or imprisonment not longer than three years.
  
  
  People who may act on behalf of the minister of labour
  
  
• The Director-general of Labour or Assistant Managers in the public service are able to act on behalf of the Minister with regard to sectoral determination 10.
• The Minister of Labour must delegate his responsibility to the director-general or public service assistance managers in writing.
• Although the Minister of Labour delegates his/ her responsibilities; the Minister still has authority and power regarding Sectoral Determination 10.
• The Minister also has the right to withdraw any delegation made.
• The Minister still has the power to withdraw or change any decisions taken by the director-general and public services assistance managers.