Maintenance Act, 1998
R 385
Customary Initiation Act, 2021 (Act No. 2 of 2021)Chapter 4 : Initiation Schools28. Consent, prohibitions, age and circumcision |
| (1) |
| (a) | Initiation is a voluntary customary practice and no person may be forced or coerced into attending any initiation school or undergo any initiation practices. |
| (b) | No person may attend an initiation school unless all the relevant consent requirements of this section have been complied with and a medical certificate contemplated in section 22(1)(c) has been issued in respect of such person. |
| (c) | Any initiate who is 18 or older, is responsible for obtaining the medical certificate contemplated in section 22(1)(c) and (2), and must submit such certificate to the relevant principal and care-giver. |
| (2) | Subject to section 37(3) and (4), no person under the age of 16 may attend an initiation school for the purposes of being initiated. |
| (3) |
| (a) | A child between the ages of 16 and 18 may not attend an initiation school for the purposes of being initiated, unless such child and his or her parents or customary or legal guardian, as the case may be, give written consent for him or her to undergo initiation. |
| (b) | A person who is 18 or older may not attend an initiation school for the purposes of being initiated, unless such person gives written consent to undergo initiation. |
| (c) | All written consents referred to in paragraphs (a) and (b) must be submitted to the principal of the particular initiation school prior to the commencement of such school, and such principal must submit copies thereof to the relevant PICC. |
| (4) | In terms of section 12(3) of the Children’s Act, genital mutilation or circumcision of female children is prohibited and therefore the consent contemplated in this section may not include consent to such mutilation or circumcision and may not form part of any initiation practice. |
| (5) |
| (a) | In terms of section 12(4) of the Children’s Act, virginity testing of children under the age of 16 is prohibited and therefore the consent contemplated in this section may not include consent to such virginity testing in the case of children under the age of 16. |
| (b) | Virginity testing of children who are between the ages of 16 and 18 is subject to the provisions of section 12(5), (6) and (7) of the Children’s Act and regulations 3 and 4 of the General Regulations Regarding Children, and may only form part of an initiation process if the provisions of that section and regulations have been complied with. |
| (c) | Virginity testing of any person who is 18 or older may only be performed as part of an initiation process if such person has given written consent for such virginity testing. |
| (d) | No child or any other person may be forced or coerced to undergo virginity testing as part of an initiation process. |
| (6) |
| (a) | In terms of section 12(8) of the Children’s Act the circumcision of male children under the age of 16 is prohibited except if such circumcision is performed for religious or medical purposes and therefore the consent contemplated in this section may not, in the case of male children under the age of 16, include consent to any circumcision other than circumcision that is allowed in terms of the said section 12(8). |
| (b) | The circumcision of male children between the ages of 16 and 18 is subject to the provisions of section 12(9) and (10) of the Children’s Act and regulations 5 and 6 of the General Regulations Regarding Children, and may only form part of an initiation process if the provisions of that section and regulations have been complied with: Provided that in addition to the consent required by section 12(9)(a) of the Children’s Act, the consent referred to in subsection (3)(a) and (b) of this section must include consent to be circumcised where such circumcision forms part of the initiation process. |
| (c) | The circumcision of male initiates who are 18 or older is subject to paragraph (d)(i) and (ii) of this subsection, regulation 5(2) of the General Regulations Regarding Children and any conditions as may be prescribed under section 43(3)(a) of the National Health Act, and may only form part of the initiation process if the initiate gives written consent to be circumcised. |
| (d) | The circumcision of male initiates contemplated in paragraph (b) is subject to regulations 5 and 6 of the General Regulations Regarding Children and any conditions as may be prescribed under section 43(3)(a) of the National Health Act and may, subject to sections 23 and 24, only be performed by— |
| (i) | a registered medical practitioner; or |
| (ii) | a registered traditional surgeon— |
| (aa) | who is also a registered medical practitioner; or |
| (bb) | under the supervision of a registered medical practitioner if such traditional surgeon is not a registered medical practitioner. |
| (7) | Except for male circumcision in accordance with the provisions of subsection (6), no initiate may be subjected to any physical harmful activities during initiation, including the cutting of the skin or any other manner of permanent marking the skin, and therefore the consent contemplated in this section may not include consent to such physical harmful activities. |
| (8) | If any written consent is lawfully given for virginity testing or male circumcision, such consent must be submitted to the principal of the particular initiation school prior to the commencement of such school and such principal must submit copies thereof to the relevant PICC, care-giver, medical practitioner, traditional surgeon, traditional health practitioner and the person who performs a virginity test. |
| (9) |
| (a) | If any consent or other forms as contemplated in this section or any other provision of this Act are prescribed in terms of the Children’s Act or the General Regulations Regarding Children, such prescribed forms must be used for the purposes of this Act. |
| (b) | If any consent or other forms have not been prescribed as contemplated in paragraph (a), a PICC may, subject to section 15(4), develop appropriate forms. |
| (10) | No consent may be given by any initiate or any other person contemplated in subsection (3)(a) and (b), for such an initiate to attend a non-registered initiation school. |
