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

Chapter 3 : Role-Players

Purchase

(1)	Traditional leaders are overall responsible for initiation practices taking place within the areas of jurisdiction of their kingship or queenship councils, principal traditional councils or traditional councils and must, in this regard—

(a)	promote the customary practice amongst the traditional communities in the particular area;

(b)	promote compliance with Constitutional principles, the provisions of this Act and any other legal prescripts pertaining to customary initiation, including the relevant provisions of the Children’s Act;

(c)	promote good and safe practices, with specific emphasis on the protection of the lives, health and safety of initiates;

(d)	promote compliance with any code of conduct contemplated in section 15(3)(c);

(e)	assist the NIOC or a PICC, upon their request, to perform their functions provided for in this Act; and

(f)	conduct regular inspections at initiation schools within their areas and report any abuse of initiates and non-compliance with the provisions of this Act or any other relevant law to the relevant PICC.

(2)

The traditional leaders contemplated in subsection (1) must screen principals, traditional surgeons, care-givers and traditional health practitioners in accordance with the criteria developed by the National House in terms of section 19(2)(a) and submit a report to the relevant PICC, in the format as may be determined by such PICC—

(a)	indicating whether a specific principal or care-giver meets the requirements provided for in this Act and is suitable to perform the duties of a principal or care-giver, as the case may be;

(b)	indicating, subject to the provisions of section 22(1)(h), for which initiate or initiates each such care-giver will be responsible;

(c)	containing details, other than the information contemplated in section 15(2)(g), in respect of a principal, traditional surgeon or care-giver as may be required by the relevant PICC; and

(d)	indicating whether a specific traditional surgeon—

(i)	is registered;

(ii)	meets the requirements of section 23; and

(iii)

is suitable to perform the duties of a traditional surgeon contemplated in this Act.

(3)	If, in respect of the functions contemplated in subsection (2)—

(a)	any traditional leader is unable to perform such functions;

(b)	a specific traditional leader is also the principal of an initiation school;

(c)	there are no recognised traditional leaders in a particular province but initiation takes place within such province; or

(d)	initiation takes place in an area where there are no traditional leaders, the PICC must assign such functions to any member of the PICC or its technical support team.