Part VI of the Lukautim Pikinini Act 2015 is headed Child Labour, and section 54 is its principal offence.
“Child labour” means work that deprives a child of his childhood, his potential and his dignity, and that is harmful to his physical and psychological development.
Section 54(1) — the three limbs
A person who causes or permits a child to be engaged in employment —
(a) in conditions that are likely to be hazardous to the child; or
(b) that interferes with the child’s education; or
(c) that is harmful to the safety, health or physical, mental, spiritual or social development of the child,
is guilty of an offence. Penalty: a fine not exceeding K5,000.00 or imprisonment for a term not exceeding five years, or both.
(a) Hazardous conditions. The test is whether the conditions are likely to be hazardous — no injury need have occurred.
(b) Interference with education. This limb needs no danger at all. Work that keeps a child out of school is an offence in itself, which gives effect to section 5(1)(c): all children are to have equal opportunity and access to education.
(c) Harm to development. The broadest limb. Note the five dimensions: safety, health, physical, mental, spiritual and social development. “Spiritual” is unusual in employment legislation and reflects the Act’s wider conception of a child’s well-being.
Permitting is enough. A person who knows a child is doing such work and allows it to continue is within the section, even if they did not arrange it.
Note also that section 54 does not set a minimum age. It regulates the nature of the work in relation to the particular child, not a numerical threshold — so what is lawful for a 17-year-old may be an offence in relation to a 10-year-old.
Sections 54(2) and (3)
A parent or a person having the care of a child who aids or abets a person in the contravention of subsection (1) is guilty of an offence. Penalty: a fine not exceeding K5,000.00 or imprisonment for a term not exceeding five years, or both.
An employer or company who causes or permits a child to be engaged in harmful child labour or employment is guilty of an offence.
Penalty: where the employer is an individual, a fine not exceeding K5,000.00 or imprisonment for a term not exceeding five years, or both; where the employer is a corporation, a fine not exceeding K10,000.00.
| Person | Conduct | Maximum penalty |
|---|---|---|
| Any person — s 54(1) | Causes or permits harmful employment | K5,000 or 5 years, or both |
| Parent or carer — s 54(2) | Aids or abets a contravention | K5,000 or 5 years, or both |
| Individual employer — s 54(3)(a) | Causes or permits harmful child labour | K5,000 or 5 years, or both |
| Corporate employer — s 54(3)(b) | Causes or permits harmful child labour | K10,000 fine |
Child labour usually happens with a parent’s knowledge, and often at a parent’s instigation, because the family needs the income. Subsection (2) removes any argument that a parent who merely allows it is not liable.
It works with section 5(4)(e), which makes it a parental duty to protect the child from engaging in employment or any activity that may be harmful to health, education, or physical, psychological or moral development.
Child labour as a protection ground
A child in need of protection includes:
- (h) a child consistently engaged in child labour by some person other than the child’s parent, where the parent is unwilling or unable to protect the child;
- (i) a child consistently engaged in child labour by the child’s parent.
So child labour is not only a crime. It triggers the whole protective apparatus: reporting, investigation, a search warrant (section 43 is available wherever a provision of this Act is being contravened), removal, and protection orders.
The word “consistently” in both paragraphs marks the threshold for protection as a pattern rather than a single instance — though a single instance may still be an offence under section 54.
Where else child employment is regulated
Section 53 — exposure or exhibition: causing or arranging for children to parade, model, or participate in shows, exhibitions or beauty contests, for monetary gain or not.
Section 82 — sale of children; and paragraph (k) of the protection definition covers a child involved in child trafficking.
Constitution section 43 — freedom from forced labour.
The Employment Act — general restrictions on the employment of young persons, which operate alongside section 54.
Objective section 4(l) also brings in the United Nations Convention on the Rights of the Child, article 32 of which addresses economic exploitation directly.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 4, 5, 43, 53, 54, 82
- Constitution — s 43
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.