Insofar as general access to medical services is concerned, two legislative provisions are relevant in this regard. The first provision is section 52(2) of the Medicines and Allied Substances Control (General) Regulations, 1991, Statutory Instrument 150 of 1991 (made in terms of the Medicines and Allied Substances Control Act [Chapter 15:03]) which provides as follows: “No person shall sell any medicine to any person apparently under the age of 16 years — (a) (b) in the case of a household remedy or a medicine listed in Part I of the Twelfth Schedule, except upon production of a written order signed by the parent or guardian of the child known to such person; in the case of any other medicine not referred to in paragraph (a) except upon production and in terms of a prescription issued by a medical practitioner, dental practitioner or veterinary surgeon.” The second provision is section 76 of the Children’s Act [Chapter 5:06]. This provision is to the effect that an order may be made by the magistrate where the parent or guardian has unreasonably refused to consent to the medical treatment or surgery of a minor child. The section states as follows: “76 Consent to surgical or other treatment (1) Where the consent of a parent or guardian is necessary for the performance of any dental, medical, surgical or other treatment upon a minor and the consent of the parent or guardian is refused or cannot be obtained within a period which is reasonable in the circumstances, application may be made to a magistrate of the province where the minor is or is resident for authority to perform the treatment. (2) A magistrate to whom an application in terms of subsection (1) is made may— (a) (b) after due inquiry and after affording the parent or guardian concerned a reasonable opportunity of stating his reasons for refusing to give the necessary consent or without affording such person such opportunity if his whereabouts are unknown or if in the circumstances it is not reasonably practicable to afford him such opportunity; and if satisfied that any dental, medical, surgical or other treatment is necessary or desirable in the interests of the health of the minor; by order in writing authorize the performance at a hospital or other suitable place upon the minor concerned of such dental, medical, surgical or other treatment as may be specified in the order. …” Section 76 presupposes that consent is a prerequisite. Both the provisions above have been used to give legal backing to the established practice, that a minor under 16 years old cannot access sexual and reproductive health services and treatment without parental consent. 10