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

Chapter 2 : Oversight and Coordinating Committee

Part 2 : Provincial Initiation Coordinating Committees

11. Establishment, composition and term of office
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(1)In a province where a provincial house has been established and initiation takes place within such province, the Premier of such province must, subject to subsections (4) and (6) and sections 16(4) and 38, and after consultation with the provincial house, by notice in the Provincial Gazette establish a Provincial Initiation Coordinating Committee consisting of—
(a) four members of the provincial house, designated by the members of the provincial house from amongst themselves;
(b) two officials from the provincial government, designated by the MEC responsible for initiation in the province;
(c) not more than two persons representing the metropolitan, district and local municipalities in whose areas of jurisdiction initiation schools are held, designated by the organised local government in the province;
(d) not more than two persons representing the emergency services within the province, designated by the MEC or MECs responsible for the respective emergency services within the province; and
(e) the traditional health practitioner of the particular province who, in terms of section 7(c) of the Traditional Health Practitioners Act, is a member of the Interim Traditional Health Practitioners Council of South Africa.

 

(2) In a province where a provincial house has not been established but where traditional leaders have been recognised and initiation takes place within such province, the Premier of such province must, subject to subsections (4) and (6) and sections 16(4) and 38, and after consultation with the National House, by notice in the Provincial Gazette establish a PICC consisting of—
(a) two members of the National House, designated by the members of the National House from amongst themselves: Provided that the members of the National House so designated must be conversant with the customary practices of the communities in the province;
(b) two traditional leaders designated by the recognised traditional leaders within such province from amongst themselves: Provided that if there are only one or two recognised traditional leaders within such province, such traditional leader or leaders must be regarded as so designated;
(c) not more than two officials from the provincial government, designated by the Premier after consultation with the MEC responsible for initiation in the province and the MEC responsible for cultural matters in the province;
(d) not more than two persons representing the metropolitan, district and local municipalities in whose areas of jurisdiction initiation schools are held, designated by the organised local government in the province;
(e) not more than two persons representing the emergency services within the province, designated by the MEC or MECs responsible for the respective emergency services within the province; and
(f) the traditional health practitioner of the particular province who, in terms of section 7(c) of the Traditional Health Practitioners Act, is a member of the Interim Traditional Health Practitioners Council of South Africa.

 

(3)In a province where a provincial house has not been established and where no traditional leaders have been recognised but initiation takes place within the province, the Premier of such province must, subject to subsections (4) and (6) and sections 16(4) and 38, and after consultation with the National House, by notice in the Provincial Gazette establish a PICC consisting of—
(a) two members of the National House, designated by the members of the National House from amongst themselves: Provided that the members of the National House so designated must be conversant with the customary practices of the communities in the province;
(b) not more than two officials from the provincial government, designated by the Premier after consultation with the MEC responsible for cultural matters in the province and any other MEC as deemed necessary by the Premier;
(c) not more than two persons representing the metropolitan, district and local municipalities in whose areas of jurisdiction initiation schools are held, designated by the organised local government in the province;
(d) not more than two persons representing the emergency services within the province, designated by the MEC or MECs responsible for the respective emergency services within the province; and
(e) the traditional health practitioner of the particular province who, in terms of section 7(c) of the Traditional Health Practitioners Act, is a member of the Interim Traditional Health Practitioners Council of South Africa.

 

(4) At least three members of a PICC must be women.

 

(5) The term of office of a PICC is five years and must, in the case of a PICC contemplated in subsection (1), be aligned to the term of office of the provincial house and must, in the case of a PICC contemplated in subsections (2) and (3), be aligned to the term of office of the National House.

 

(6) A person is not eligible to be designated as a member of a PICC if any of the disqualifications referred to in section 6 applies to such a person.