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Customary Initiation Act, 2021 (Act No. 2 of 2021)

Chapter 3 : Role-Players

18. Government

 

(1)
(a) National and provincial departments and municipal councils may, in respect of initiation practices in general and initiation schools in particular, enter into partnerships with each other and with—
(i) the principal of an initiation school or principals of initiation schools jointly within the province; and
(ii) the kingship or queenship council, principal traditional council or traditional council in whose area of jurisdiction an initiation school is held or such councils jointly within the province.
(b) Any partnership contemplated in paragraph (a) must be in writing and—
(i) must, in addition to any other provisions, contain clear provisions on the responsibilities of each party and the termination of such partnership; and
(ii) may not bind any person, body or institution who is not a party to such partnership.
(c) The NIOC, in the case of a partnership where a national department is a party thereto, and a PICC, in the case of any other partnership, must monitor such partnership and may take the necessary steps to ensure the effective and efficient implementation or termination thereof.

 

(2)
(a) A metropolitan, district or local municipality may, upon request of the principal of a prospective initiation school, in relevant municipal plans or by any other means applicable within such municipality, and after consultation with a kingship or queenship council, principal traditional council or traditional council falling within the municipal area, if any, make provision for the designation of appropriate and accessible land for the purpose of conducting initiation schools.
(b) A metropolitan, district or local municipality may, subject to section 21(11), enter into a partnership or agreement with a principal for the provision of municipal services at the relevant initiation school.

 

(3)
(a) The Minister may, by notice in the Gazette and after consultation with all Premiers, the National House, provincial houses and, for the purposes of subparagraph (iii), the Minister responsible for health, determine the fees to be paid—

(i) by any prospective initiate to a principal for the purposes of attending such a school;

(ii) by the principal to the PICC in respect of the registration of such school; and
(iii) by the parents or legal or customary guardian of an initiate to a medical practitioner for his or her services rendered during initiation.
(b) Before making a final determination of the fees, the Minister must by notice in the Gazette, publish the proposed fees for public comment.
(c) Fees determined in accordance with this subsection must be revised on advice and at the request of the NIOC after the NIOC has consulted with all PICCs.