Customary Initiation Act, 2021 (Act No. 2 of 2021) Chapter 1 : Interpretation, Application, Objectives and Principles 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

‘‘abduction’’

means the unlawful removal of a child from the control of his or her parents or customary or legal guardian, as the case may be, or unlawful retention of such child, for the purposes of attending an initiation school, whether registered or not;

 

‘‘abuse’’

includes but is not limited to physical or mental abuse, sexual abuse, any form of gender-based violence and any harmful practice that an initiate may be subjected to;

 

‘‘area of jurisdiction’’

means the area of jurisdiction of a traditional council, kingship or queenship council, or principal traditional council as contemplated in sections 3, 3A and 3B of the Framework Act prior to the repeal of that Act by the TKLA or section 16(5)(a) of the TKLA once it commences;

 

‘‘care-giver’’

means any person other than a parent or the customary or legal guardian of an initiate who takes care of such initiate during initiation in accordance with the provisions of this Act;

 

‘‘child’’

means a person under the age of 18 years as defined in section 1 of the Children’s Act and any reference to ‘children’ has a corresponding meaning;

 

‘‘Child Justice Act’’

means the Child Justice Act, 2008 (Act No. 75 of 2008);

 

‘‘Children’s Act’’

means the Children’s Act, 2005 (Act No. 38 of 2005);

 

‘‘circumcision’’

in relation to a female child, means the removal of the clitoris by any means and, in relation to a male child, means the surgical removal of the foreskin, whether partially or wholly, as part of a customary initiation process;

 

‘‘Criminal Procedure Act’’

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

 

‘‘CRL Rights Commission’’

means the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities as contemplated in section 181(1)(c) of the Constitution and the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act, 2002 (Act No. 19 of 2002);

 

‘‘curriculum’’

means a set of learning content for initiation and includes any customary or cultural practice that forms part of the initiation process;

 

‘‘customary guardian’’

means any person other than a parent or legal guardian who, in terms of the customs of a particular community, accepts parental responsibility for a child, including the responsibilities referred to in section 18 of the Children’s Act;

 

‘‘Department’’

means the national department responsible for traditional affairs;

 

‘‘Director-General’’

means the Director-General of the Department;

 

‘‘district municipality’’

means a district municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

‘‘Drugs and Drug Trafficking Act’’

means the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992);

 

‘‘emergency services’’

means any services needed as a response to an urgent, impending or recurrent situation for which knowledgeable and expert intervention is required to ensure the welfare of initiates and any other person present at an initiation school, including but not limited to emergency medical services, ambulance services, fire-fighting services and disaster management services;

 

‘‘Framework Act’’

means the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003);

 

‘‘General Regulations Regarding Children’’

means the General Regulations Regarding Children, 2010, published under Government Notice R.261 in Government Gazette No. 33076 of 1 April 2010;

 

‘‘genital mutilation’’

in relation to a female child, means the partial or complete removal of any part of the genitals, and includes circumcision of female children;

 

‘‘Health Professions Act’’

means the Health Professions Act, 1974 (Act No. 56 of 1974);

 

‘‘initiate’’

means any person who attends an initiation school for the purposes of undergoing customary or cultural practices, rituals or ceremonies in accordance with the customs and traditions of the community concerned;

 

‘‘initiation’’

means any customary or cultural practices, rituals or ceremonies taking place at an initiation school in accordance with the customs and traditions of the community concerned, and may include teachings relating to ideals, values, aspirations and respect;

 

‘‘initiation school’’

means any place where initiation takes place and which is registered as an initiation school as contemplated in section 26 of this Act, irrespective of whether such place is located within or outside the area of jurisdiction of a kingship or queenship council, principal traditional council or traditional council;

 

‘‘kidnapping’’

means the unlawful and intentional deprivation of the freedom of movement of any person for the purposes of attending an initiation school, whether registered or not;

 

‘‘kingship or queenship council’’

means a kingship or queenship council as defined in section 1 of the Framework Act prior to the repeal of that Act by the TKLA or section 1 of the TKLA once it commences;

 

‘‘Liquor Act’’

means the Liquor Act, 2003 (Act No. 59 of 2003);

 

‘‘local house’’

means a local house of traditional leaders established in accordance with the provisions of section 17 of the Framework Act prior to the repeal of that Act by the TKLA, section 50 of the TKLA or any applicable provincial legislation;

 

‘‘local municipality’’

means a local municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

‘‘MEC’’

means a member of the Executive Council of a province;

 

‘‘medical practitioner’’

means a general practitioner or family physician in medicine who, in accordance with the provisions of the Regulations Relating to the Registration of Persons as General Practitioners and Family Physicians in Medicine, as published under Government Notice No. R1200 of 28 November 2000, is registered with the Medical and Dental Professional Board established by Government Notice No. R.75 of 16 January 1998;

 

‘‘metropolitan municipality’’

means a metropolitan municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

‘‘Minister’’

means the national Minister responsible for traditional affairs;

 

‘‘National Health Act’’

means the National Health Act, 2003 (Act No. 61 of 2003);

 

‘‘National House’’

means the National House of Traditional Leaders established in terms of section 2 of the National House of Traditional Leaders Act, 2009 (Act No. 22 of 2009) prior to the repeal of that Act by the TKLA or in terms of section 27 of the TKLA;

 

‘‘NIOC’’

means the National Initiation Oversight Committee established in accordance with the provisions of section 4 of this Act;

 

‘‘NPA’’

means the National Prosecuting Authority established in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

 

‘‘organised local government in the province’’

means a provincial organisation recognised in terms of section 2(1)(b) of the Organised Local Government Act, 1997 (Act No. 52 of 1997);

 

‘‘PICC’’

means a Provincial Initiation Coordinating Committee established in accordance with the provisions of section 11 of this Act;

 

‘‘principal’’

means the person who has permission to hold an initiation school and who is to be held accountable for the operations and management of such a school;

 

‘‘prescribe’’

means prescribe by regulation made in terms of section 35 of this Act;

 

‘‘principal traditional council’’

means a principal traditional council as defined in section 1 of the Framework Act prior to the repeal of that Act by the TKLA or section 1 of the TKLA once it commences;

 

‘‘provincial house’’

means a provincial house of traditional leaders established in accordance with the provisions of section 16 of the Framework Act prior to the repeal of that Act by the TKLA, section 49 of the TKLA or any applicable provincial legislation;

 

‘‘sacred and secret’’

means traditional and religious customs and rituals which are performed and taught before, during and after initiation, and which for traditional or religious reasons are not to be made public;

 

‘‘SAPS’’

means the South African Police Service established in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995);

 

‘‘standards for initiation school premises’’

means the standards for initiation school premises published under General Notice No. 1229 of 2015 in Government Gazette No. 39561 of 24 December 2015 as part of the National Health Norms and Standards for Premises, as may be amended from time to time;

 

‘‘this Act’’

includes any regulations made in terms of any relevant provision of this Act;

 

‘‘TKLA’’

means the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019);

 

‘‘traditional community’’

means a community recognised as such in terms of section 2 of the Framework Act prior to the repeal of that Act by the TKLA, section 3 of the TKLA or any applicable provincial legislation;

 

‘‘traditional council’’

means a traditional council as defined in section 1 of the Framework Act prior to the repeal of that Act by the TKLA or section 1 of the TKLA once it commences;

 

‘‘traditional health practitioner’’

means a traditional health practitioner as defined in section 1 of the Traditional Health Practitioners Act;

 

‘‘Traditional Health Practitioners Act’’

means the Traditional Health Practitioners Act, 2007 (Act No. 22 of 2007);

 

‘‘traditional leader’’

means a person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position and has been recognised in terms of the Framework Act prior to the repeal of that Act by the TKLA, the TKLA or any applicable provincial legislation;

 

‘‘traditional leadership’’

means the customary institutions or structures, or customary systems or procedures of governance, which are recognised, used or practiced by traditional communities; and

 

‘‘traditional surgeon’’

means a person who, subject to section 41, is registered as a traditional surgeon in terms of the Traditional Health Practitioners Act.