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

Chapter 5 : General Provisions

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(1)	The Minister may, by notice in the Gazette, make regulations regarding—

(a)	any matter that must or may be prescribed in terms of this Act;

(b)	in respect of initiation, any matter relating to the responsibilities, roles and functions of—

(i)

the NIOC;

(ii)

(iii)

any sphere of government, houses of traditional leaders, traditional leaders, principals, care-givers, parents or legal or customary guardians of initiates; or

(iv)	traditional surgeons or traditional health practitioners: Provided that regulations in respect of traditional surgeons or traditional health practitioners may not be in contradiction with the provisions of the Traditional Health Practitioners Act;

(c)	any matter relating to initiation schools; and

(d)	any ancillary or administrative matter that is necessary to prescribe for the proper implementation or administration of this Act.

(2)	Before any regulations are made under subsection (1), the Minister must—

(a)	in respect of any regulations as contemplated in subsection (1), consult the Premiers of all provinces, the National House and all provincial houses;

(b)	in respect of regulations as contemplated in subsection (1)(b)(iv), consult the Minister responsible for health; and

(c)	publish any draft regulations in the Gazette for public comment.

(3)	Subject to subsections (4) and (5), a Premier may, by notice in the Provincial Gazette, make regulations regarding—

(a)	in respect of initiation, the responsibilities, roles and functions of—

(i)	the relevant PICC;

(ii)	the traditional leaders, principals and care-givers involved in initiation within the province; and

(iii)

the parents or legal or customary guardians of initiates attending initiation schools within the province; and

(b)	any matter relating to initiation schools within the province.

(4)	Before any regulations are made under subsection (3), the Premier must—

(a)	consult the MEC responsible for initiation in the province, the MEC responsible for health in the province, the provincial house, the PICC and organised local government within the province; and

(b)	publish the draft regulations in the Provincial Gazette for public comment.

(5)	Regulations made by a Premier under subsection (3) may not be inconsistent with any provisions of this Act or any regulations made by the Minister under subsection (1).

(6)	Any regulations made by the Minister or a Premier under this section must be tabled in Parliament or the relevant provincial legislature, as the case may be, for noting.