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

Chapter 2 : Oversight and Coordinating Committee

Part 1 : National Initiation Oversight Committee

9. Functions

 

(1)
(a) The NIOC must—
(i) monitor the implementation of this Act;
(ii) promote compliance with the provisions of this Act amongst all role-players who are involved in initiation practices and initiation schools;
(iii) guide the PICCs on the implementation of this Act and initiation practices in general;
(iv) make recommendations to the relevant PICC in respect of the closing of any non-registered initiation school or the deregistration of any initiation school that does not comply with or meet the requirements of this Act;
(v) subject to any applicable legislation, consider and resolve any dispute referred to it by a PICC in terms of section 15(5)(b) or (c), within five calendar days from the date of receipt of the referral of a dispute, and the decision of the NIOC in respect of any such dispute is final;
(vi) subject to subsection (3), keep comprehensive statistics on initiation; and
(vii) perform any other task relating to initiation as may be directed by the Minister.
(b) The NIOC may—
(i) inspect any initiation school to establish whether such a school meets the requirements set out in this Act;
(ii) investigate any alleged abuse of initiates;
(iii) conduct initiation awareness campaigns 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;
(iv) oversee initiation awareness campaigns as may be conducted by a PICC;
(v) operate a hotline where any alleged contravention of the provisions of this Act may be reported;
(vi) investigate any alleged contravention reported to the hotline contemplated in subparagraph (v); and
(vii) in consultation with the Department of Health and the Health Professions Council of South Africa established in terms of section 2 of the Health Professions Act, develop guidelines to be used by medical practitioners for the purposes of determining whether a person is fit to participate in initiation practices as contemplated in section 22(1)(c):

Provided that the NIOC must, prior to any inspection or investigation contemplated in subparagraphs (i), (ii) and (vi), inform the relevant PICC of its intention to conduct such an inspection or investigation which PICC must designate one of its members to assist the NIOC: Provided further that if the NIOC is not in a position to investigate any alleged abuse as contemplated in subparagraph (ii) or any alleged contravention reported to the hotline contemplated in subparagraph (vi), the NIOC must refer the matter to the relevant PICC for investigation and request such PICC to submit a report to the NIOC.

 

(2)
(a) The NIOC must, within seven calendar days from the completion of any inspection or investigation contemplated in subsection (1)(b)(i), (ii) and (vi), prepare and submit a report to the Minister, the relevant Premier, relevant MECs, PICC and, for the purpose of subsection (1)(b)(ii), SAPS.
(b)
(i) Before the end of March and September of each year, the NIOC must, in respect of the preceding six months, prepare a report on the performance of its functions contemplated in subsection (1) and submit such report to the Minister.
(ii) Areport contemplated in subparagraph (i) must, with the approval of the Minister, be submitted to all Premiers, relevant MECs and all PICCs within 14 calendar days from the date of approval by the Minister.
(c) A report of the NIOC contemplated in paragraph (a) or (b) may contain recommendations to be implemented by a PICC.

 

(3)
(a) For the purposes of keeping the statistics contemplated in subsection (1)(a)(vi), the NIOC must develop and maintain a database.
(b) The database must include—
(i) copies of the reports contemplated in section 15(1)(p), (2)(a) and (6)(a), which copies must be provided to the NIOC by the PICCs;
(ii) any report contemplated in subsection (2);
(iii) any statistics and copies of registers or records contemplated in section 15 and any information contemplated in section 15(2)(k) which, upon request of the NIOC, must be submitted by the relevant PICC to the NIOC; and
(iv) any other information as may be deemed necessary by the NIOC or as may be requested by the Minister.

 

(4) If, during any inspection or investigation contemplated in this section, the NIOC becomes aware of any possible or alleged criminal conduct, the NIOC must immediately report such conduct to the SAPS for investigation.