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Children's Act, 2005 (Act No. 38 of 2005)


General Regulations Regarding Children, 2010

Chapter 2 : Social, Cultural and Religious Practices(Section 12 of the Act)

Part ll : Male Circumcision

6. Circumcision for religious purposes


(1) Circumcision performed for religious purposes on male children must be performed in accordance with the practices of the religion concerned and must be performed by a medical practitioner or by a person from the religion concerned who has been properly trained to perform circumcisions.


(2) The medical practitioner or person contemplated in sub-regulation (1) must ensure that—
(a) sterile surgical gloves are worn during the circumcision and that they are disposed of after each circumcision;
(b) any instrument used during a circumcision is disposed of after each circumcision unless sterilised in accordance with medical standards for the sterilisation of surgical instruments;
(c) there is no direct blood contact, contact with any body fluid or contact with any foreign substance between the child undergoing the circumcision and the person performing the circumcision or any other person or child; and
(d the disposal of any instruments used for circumcision including any human tissue takes place in accordance with medical standards for the disposal of surgical instruments and human tissue.


(3) Consent to the religious circumcision of a male child—
(a) under the age of 16 years must be given by both parents of the male child and where more than one person has guardianship of the child or where a parental responsibilities and rights agreement exists, both of those persons, and must be in a form identical to Form 3; or
(b) older than 16 years must be given by the child concerned and in a form identical to Form 3.