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

Chapter 3 : Role-Players

25. South African Police Service and National Prosecuting Authority

 

(1)
(a) The SAPS must, upon receipt of a report contemplated in section 15(12) investigate the matter and after investigation, submit the docket to the NPA for a decision whether to prosecute or not.
(b) The SAPS must, for the purpose of section 15(6)(b) also investigate whether the initiates who were attending the non-registered initiation school could be regarded as abducted or kidnapped, and submit the docket to the NPA for a decision whether anyone should be prosecuted for abduction or kidnapping.

 

(2)
(a) The SAPS must, upon receipt of a report contemplated in sections 9(2)(a) and 15(6)(a), forthwith comply with the provisions of section 110(4) of the Children’s Act, investigate the matter and after investigation, submit the docket to the NPA for a decision whether to prosecute or not.
(b) Whenever the death of an initiate is reported to the SAPS in accordance with the provisions of section 31, the SAPS must forthwith investigate such death and after investigation, submit the docket to the NPA for a decision whether to prosecute or not.
(c) If any investigation conducted by the SAPS as contemplated in paragraphs (a) and (b) prima facie reveals that the abuse or the death of an initiate was as a result of negligence or intention by any person involved in initiation at the particular initiation school, the PICC must close that initiation school.

 

(3) If any initiate is forced to attend an initiation school without complying with all the consent requirements contemplated in section 28, the SAPS must investigate whether such initiate could be regarded as abducted or kidnapped, and submit the docket to the NPA for a decision whether anyone should be prosecuted for abduction, kidnapping or any other applicable offence.

 

(4) If it is reported to the SAPS that any sacred or secret initiation activity as contemplated in the proviso to section 15(1)(i) may be illegal, the SAPS must investigate such activity and submit the docket to the NPA for a decision whether, subject to section 33(9), any person must be prosecuted or not.

 

(5) No person may interfere with the exercising of any duty by a member of the SAPS or NPA in terms of this Act on any grounds, including customary grounds.