Maintenance Act, 1998
R 385
Customary Initiation Act, 2021 (Act No. 2 of 2021)Chapter 3 : Role-Players23. Traditional surgeons |
| (1) |
| (a) | A traditional surgeon may, subject to section 2(4) and (5), only participate in initiation practices if such surgeon— |
| (i) | is registered; and |
| (ii) | has been provided with all required consent forms contemplated in section 28 and medical certificates contemplated in section 22(1)(c). |
| (b) | A traditional surgeon must, at all times during his or her participation in initiation practices, be in possession of the letter confirming his or her registration as contemplated in section 41(2)(b). |
| (2) | In the case of initiation where male circumcision forms part of the initiation process— |
| (a) | a registered male traditional surgeon may only perform such circumcision under the conditions provided for in section 28(6) and subject to the provisions of sections 22(1)(c) and 27 and subsection (1)(a)(ii) of this section; |
| (b) | the traditional surgeon must observe due care and diligence, and maintain appropriate health and hygienic standards as provided for in the General Regulations Regarding Children and as may be prescribed in terms of the Traditional Health Practitioners Act; and |
| (c) | the traditional surgeon is, together with the relevant care-giver as contemplated in section 21(4)(b) and subject to subsection (3), responsible for the treatment and care of the initiates during the circumcision process and any treatment that may be required following the circumcision. |
| (3) |
| (a) | In any instance where any initiate displays any symptoms of ill-health, serious injury, infection or excessive, recurring or continuous bleeding, whether as a result of circumcision or not, and the relevant care-giver is not available, the traditional surgeon must inform the principal and the parents or legal or customary guardian of such initiate as contemplated in section 21(5)(a). |
| (b) | If neither the principal nor the care-giver is available, the traditional surgeon must immediately arrange for the initiate to receive medical attention as contemplated in section 21(5)(b). |
