Maintenance Act, 1998
R 385
Customary Initiation Act, 2021 (Act No. 2 of 2021)Chapter 3 : Role-Players22. Parents or legal or customary guardian |
| (1) | The parents or, where applicable, the legal or customary guardian of an initiate, must— |
| (a) | decide, together with the child concerned and subject to the provisions of section 28, whether such child should attend an initiation school or not; |
| (b) | in the case where male circumcision forms part of the initiation process, decide together with the child whether he should be circumcised medically or traditionally or not at all; |
| (c) | subject to subsection (2), obtain a certificate from a medical practitioner who is practicing within the province where the relevant initiation school is located, indicating whether a prospective initiate is fit to participate in the initiation practices and that he or she has no medical, physical or psychological condition that may cause complications during or after initiation; |
| (d) | disclose to the relevant principal and care-giver whether the prospective initiate is on medication in order for the specific care-giver to administer such medication to such initiate; |
| (e) | disclose to the relevant principal and care-giver whether the prospective initiate has any other health condition that may impact on such initiate’s participation in any initiation practice; |
| (f) | disclose to the relevant principal and care-giver whether the prospective initiate has any disability, including the special needs of such disabled initiate, and whether such disability may limit his or her participation in initiation activities; |
| (g) | satisfy themselves that— |
| (i) | the initiation school to be attended by the prospective initiate is registered with the relevant PICC in accordance with the provisions of this Act; and |
| (ii) | the principal of the relevant initiation school, the care-giver who will be responsible for the prospective initiate, any relevant traditional health practitioner and, where applicable, the traditional surgeon who will be performing male circumcision, have been screened and found suitable in accordance with the provisions of this Act; and |
| (h) | designate a care-giver for the prospective initiate, subject to the screening of care-givers as contemplated in section 20(2). |
| (2) | A certificate contemplated in subsection (1)(c), must— |
| (a) | be obtained within 21 calendar days prior to the day on which an initiation school is to commence; |
| (b) | specifically indicate whether the child has any bleeding or breathing disorder, congenital abnormalities or any disability; and |
| (c) | be submitted to the principal of the particular initiation school and the relevant care-giver by the parents or legal or customary guardian of the initiate, as the case may be. |
| (3) | The parents or, where applicable, the legal or customary guardian of an initiate, must ensure that the academic education of an initiate, subject to the provisions of section 27, is not compromised as a result of his or her attendance of an initiation school. |
| (4) | The parents or, where applicable, the legal or customary guardian of an initiate, have the right— |
| (a) | to attend to such initiate who falls sick during initiation; and |
| (b) | to remove such initiate from an initiation school in any instance where— |
| (i) | the initiate requires medical attention; |
| (ii) | the initiate requests to be removed from the initiation school; |
| (iii) | the initiate is attending an initiation school without the necessary consent contemplated in section 28; |
| (iv) | the initiate is or has been subjected to any abuse at the school; |
| (v) | a family emergency or natural disaster warrants such removal; or |
| (vi) | such parents, legal or customary guardian are of the opinion that the relevant initiation school, the principal of such school or any traditional surgeon, traditional health practitioner or care-giver involved in any initiation practices at such initiation school does not meet or no longer meets the requirements of this Act. |
