Older Persons Act, 2006
R 385
Customary Initiation Act, 2021 (Act No. 2 of 2021)Chapter 3 : Role-Players21. Principals and care-givers |
| (1) | Principals and care-givers have the responsibilities, roles and functions assigned to them by this Act and are subject to the screening contemplated in section 20(2). |
| (2) | Principals and care-givers must— |
| (a) | have no history or criminal record related to the abuse of children, violent actions or conduct against any person or any substance abuse; and |
| (b) | subject to the provisions of section 29, instil discipline amongst the initiates under their guardianship. |
| (3) | Care-givers must provide the parent or, where applicable, the customary or legal guardian of the initiate with health reports within the timeframes to be agreed upon between such care-giver and the relevant parent or guardian. |
| (4) | In the case of male initiation practices where circumcision is part of the initiation process, the care-givers must, subject to subsection (2), be males who themselves have been subjected to initiation and circumcision and must— |
| (a) | subject to subsection (5), take precautionary measures to ensure the speedy recovery of initiates after circumcision; and |
| (b) | take care of the relevant initiate or initiates until the completion of the initiation practices. |
| (5) |
| (a) | Care-givers are responsible for the monitoring of initiates and must, if 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, immediately inform the principal and the parents or legal or customary guardian of such initiate. |
| (b) | Immediately upon being informed of any of the conditions referred to in paragraph (a) by the care-giver or by a traditional surgeon as contemplated in section 23(3)(a), the principal must arrange for the initiate to receive medical attention. |
| (c) | If the principal is not available, the care-giver must immediately arrange for the initiate to receive medical attention. |
| (6) | In the case of female initiation practices the care-givers must, subject to subsection (2), be females who themselves have been subjected to initiation. |
| (7) | Aprincipal must designate a specific area where sick initiates may be attended to, taking into account the provisions of section 22(4)(a). |
| (8) | A principal must ensure that all provisions of section 28, with the exception of section 28(9)(b), (10) and (11) are complied with. |
| (9) | A principal must provide the relevant PICC with the information contemplated in section 15(2)(f) and (g). |
| (10) | A principal must, subject to section 22(1)(f), inform all role-players involved in initiation practices at the particular initiation school of any special needs of initiates who have disabilities, and must ensure that such needs are taken care of, including the provision of sign language practitioners and braille services where applicable. |
| (11) |
| (a) | For the purposes of a partnership or agreement contemplated in section 18(2)(b), a principal must engage the relevant municipality at least three months prior to the commencement of the specific initiation season. |
| (b) | A principal is responsible for the payment of municipal services provided by a municipality at an initiation school. |
| (c) | The relevant municipality may exempt a principal from the payment contemplated in paragraph (b) and such exemption must be stipulated in the partnership or agreement contemplated in section 18(2)(b). |
