| (1) |
A PICC must coordinate all initiation schools, practices and activities within the particular province and must, for this purpose— |
| (a) |
promote cooperation between traditional leadership, government and any other role-players in respect of initiation schools and practices; |
| (b) |
receive and consider an application by a principal to open and hold an initiation school; |
| (c) |
register any initiation school whose application has been approved and issue a letter confirming such registration to the principal; |
| (d) |
keep a register of all registered initiation schools and screened principals as contemplated in section 20(2); |
| (e) |
determine the number of initiation schools to be allowed within a particular municipal area in the province taking into account criteria as may be determined by the PICC, including the proximity of the schools to one another, the number of available traditional surgeons in the municipal area, the availability of sufficient and appropriate space and land, the availability of proper habitable structures conducive to initiation practices, the provision of municipal services at such initiation schools and accessibility of the schools; |
| (f) |
determine the maximum number of initiates that may be admitted to a specific initiation school; |
| (g) |
develop criteria and requirements with which prospective initiation schools must comply prior to such schools being registered and opened, including health, water, sanitation and safety requirements, and taking into account the standards for initiation school premises insofar as such standards are not inconsistent with this Act, to ensure that the overall objectives and directives of this Act are met; |
| (h) |
determine the process to be followed by prospective initiation schools for the purposes of the registration of such schools; |
| (i) |
consider the curriculum of any prospective initiation school with a view to ensure that— |
| (ii) |
where applicable, male circumcision will be performed in accordance with the provisions of this Act; and |
| (iii) |
no illegal activities form part of the initiation practices: |
Provided that a principal must present the curriculum of the particular initiation school to the PICC, excluding any initiation activities which are deemed to be sacred and secret by the relevant community: Provided further that the principal must declare to the PICC that no such sacred and secret activities are illegal or harmful;
| (j) |
subject to subsection (11), investigate any alleged abuse of initiates at any initiation school; |
| (k) |
receive and keep record of medical certificates contemplated in sections 22(1)(c) and 28(1)(c), that has been issued to potential initiates declaring them fit to undergo initiation; |
| (l) |
receive and keep record of all required consent documents contemplated in section 28; |
| (m) |
monitor and evaluate the general functioning of initiation schools during the initiation period; |
| (n) |
conduct awareness campaigns on initiation within the province, which must include information on the rights and responsibilities of initiates and their parents or legal or customary guardians as provided for in the Constitution, this Act and any other relevant law; |
| (o) |
coordinate the flow of information between different role-players, including information relating to interventions in initiation schools; and |
| (p) |
investigate any matter referred to it by the NIOC in accordance with the provisions of section 9(1)(b) and upon conclusion of such investigation, submit a report to the NIOC. |
| (2) |
A PICC must keep a comprehensive database of each initiation school which must at least include— |
| (a) |
any reports relating to initiation as conducted at such schools; |
| (b) |
the daily visitor records of such schools; |
| (c) |
financial reports containing details of all income and expenditure; |
| (d) |
detailed information on all initiates, including their full names, identity numbers, age, gender, race, ethnic group and residential address; |
| (e) |
the full names and contact details, including residential address, of the parents or customary or legal guardians of the initiates; |
| (f) |
the full names, identity number, age, gender, qualifications and contact details, including residential address, of any medical practitioner or traditional surgeon who is involved in initiation at the particular initiation school; |
| (g) |
detailed information on any principal, care-giver, traditional health practitioner or any other person involved in initiation at the particular initiation school, including their full names, identity numbers, age, gender and contact details, including residential address; |
| (h) |
where applicable, the date on which circumcision was done, the time at which it was done and, in respect of each relevant initiate and notwithstanding paragraph (f), the name and identity number of the medical practitioner or traditional surgeon who performed circumcision on such initiate; |
| (i) |
any specific health problems being experienced by an initiate; |
| (j) |
any register and records referred to in subsection (1); |
| (k) |
information relating to the nature and cause of the hospitalisation and any loss of life of an initiate; and |
| (a) |
may develop a manual relating to the responsibilities, roles and functions of principals, traditional surgeons, care-givers and traditional health practitioners in respect of initiation practices, schools and activities, which must include provisions relating to educational, health and safety aspects; |
| (b) |
must arrange for the training of principals, traditional surgeons, care-givers and traditional health practitioners on any manual developed in accordance with paragraph (a) or, in collaboration with the provincial department responsible for health or any other relevant department, arrange for their training on any matter which would enable them to perform their responsibilities, duties, roles and functions in respect of initiation in general and as contemplated in this Act; |
| (c) |
may develop an appropriate code of conduct for all persons involved in initiation; |
| (d) |
may, subject to section 28(9), develop appropriate forms; and |
| (e) |
may inspect any initiation school to establish whether such a school meets the requirements set out in this Act or any criteria developed by the relevant PICC. |
| (4) |
Any criteria, requirements, process, manual, code of conduct and forms as contemplated in subsection (1)(g) or (h) or subsection (3)(a), (c) or (d), must be approved by the PICC and published in the Provincial Gazette. |
| (a) |
A PICC must, subject to any applicable legislation and within five calendar days from receiving a dispute, consider and resolve any dispute relating to initiation arising amongst principals, traditional surgeons, care-givers, initiates, families of initiates, traditional leaders, traditional health practitioners, service providers and the parents or legal or customary guardians of initiates. |
| (b) |
If a PICC is unable to resolve any dispute referred to in paragraph (a), such dispute must be referred to the NIOC within two days of the expiry of the five calendar days referred to in paragraph (a). |
| (c) |
In any instance where a PICC is or becomes a party to any dispute referred to in paragraph (a), such dispute must be referred to the NIOC. |
| (a) |
If, following an investigation contemplated in subsection (1)(j), a PICC finds evidence of the abuse of any initiate, the PICC must, within one day of such investigation, prepare a comprehensive report in this regard and report such abuse to the SAPS. |
| (b) |
A PICC must, within one day of becoming aware of any non-registered initiation school operating in the province, investigate the matter, close the school and, where necessary, submit a report to the SAPS to investigate any possible abduction or kidnapping as contemplated in section 25(1)(b). |
| (i) |
A PICC must, within one day of becoming aware that any registered initiation school no longer meets the requirements of this Act, submit a report in this regard to the relevant principal and request the principal to, within two calendar days, rectify the shortcomings of the initiation school as reflected in the report. |
| (ii) |
If the relevant initiation school still does not meet the requirements of this Act after the two days referred to in subparagraph (i), the PICC must deregister such initiation school and close it. |
| (a) |
If an initiation school is closed or deregistered in accordance with the provisions of this Act, the relevant PICC must, where possible and taking into account the customs of the particular community or communities, arrange for the initiates who attended such an initiation school to be transferred to another registered initiation school. |
| (b) |
Before any initiates are transferred as contemplated in paragraph (a), the relevant PICC must arrange for such initiates to be examined by a medical practitioner to establish— |
| (i) |
whether they are fit to continue with initiation; and |
| (ii) |
whether any medical certificate that was previously issued as contemplated in sections 22(1)(c) and 28(1)(c) is still appropriate. |
| (c) |
The relevant PICC must arrange for the transportation of initiates contemplated in paragraph (a). |
| (8) |
APICC may, on conditions as may be determined by the PICC, delegate any of the responsibilities, roles and functions contemplated in this section, except the responsibilities, roles and functions referred to in subsections (1)(b), (e), (f), (g), (h) and (i), (3)(d), (4), (5), (6) and section 41(2), to any member of the PICC or a member of a technical support team as contemplated in section 16. |
| (9) |
For the purposes of subsection (1)(e) to (h), the PICC may consult any knowledgeable person. |
| (a) |
A PICC may, with due regard to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), determine the process to be followed when any alleged abuse of initiates is investigated as contemplated in section 15(1)(j) and such process must at least provide for— |
| (i) |
the period within which a specific investigation must be concluded; |
| (ii) |
the manner in which interviews must be conducted and recorded; and |
| (iii) |
the manner in which evidence must be collected, including medical reports and photographic evidence. |
| (b) |
A PICC may determine the format in which an investigative report must be prepared, including the minimum information to be included in such report and the manner in which any confidential information must be collected and reported on. |
| (a) |
If any of the persons referred to in subsection (2)(f) and (g) is substituted prior to the opening or during the holding of an initiation school, the principal of such school must inform the relevant PICC accordingly. |
| (b) |
Any substitute contemplated in paragraph (a) must comply with the relevant requirements of this Act. |
| (12) |
If, during any inspection or investigation contemplated in this section, a PICC becomes aware of any possible or alleged criminal conduct, the PICC must immediately report such conduct to the SAPS for investigation. |
Maintenance Act, 1998
