Customary Initiation Act, 2021 (Act No. 2 of 2021) > Chapter 1 : Interpretation, Application, Objectives and Principles > 2. Applications, objectives, interpretation and prohibitions

(1)	This Act applies to—

(a)	the customary initiation practices in respect of both male and female initiates;

(b)	all initiation schools; and

(c)	all role-players involved in initiation practices.

(2)	The main objectives of this Act are—

(a)	to protect, promote and regulate initiation and for this purpose—

(i)	to provide acceptable norms and standards; and

(ii)	to provide for initiation oversight and coordinating structures at the national and provincial spheres of government with a view to ensure that initiation takes place in a controlled environment;

(b)	to provide for the protection of life, the prevention of injuries and the prevention of all forms of abuse that initiates may be subjected to as a result of initiation practices;

(c)	to address the governance aspects of initiation and the roles of all relevant role-players; and

(d)	to protect the customary practice of initiation and ensure that it is practiced within the Constitutional and other legal prescripts.

(3)

Any provision of this Act that requires the consultation or involvement of a provincial or local house of traditional leaders has to be complied with only in instances where such a house has been lawfully established: Provided that in instances where such a house has not been established, such requirement does not apply and has no effect on any action or decision taken in terms of the relevant provision: Provided further that in instances where such a house has not been established, the relevant Premier or PICC, as the case may be, may, for the purposes of sections 35(4), 37(1) and (4), and 39(5), consult any other relevant body or institution.

(4)

(a)	Any principal, care-giver, traditional surgeon or traditional health practitioner who is involved in initiation practices or any aspect of such practice, must, subject to section 37(3) and (4), be at least 40 years old and must have undergone initiation himself or herself.

(b)	A principal must have prior and proven experience as a care-giver for a minimum of five initiation seasons.

(c)	A care-giver, traditional surgeon or traditional health practitioner may only be involved in initiation practices or any aspect of such practice, after a period of 10 years has lapsed since he or she graduated from an initiation school.

(5)	No person may participate in any aspect of initiation if that person is unsuitable to work with children in terms of a finding contemplated in section 120 of the Children’s Act or if that person’s name is listed—

(a)	in Part B of the National Child Protection Register as contemplated in section 111 of the Children’s Act, read with section 118 thereof;

(b)	in the National Register for Sex Offenders as contemplated in section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007); or

(c)	in the database of a PICC as contemplated in section 33(10) of this Act.

(6)	Nothing contained in this Act may be construed as precluding any person from referring to any principal, care-giver, traditional surgeon or traditional health practitioner in the vernacular of a specific area.

(7)	No role-player who is involved in initiation practices may unfairly discriminate directly or indirectly against an initiate or prospective initiate on the grounds of disability, gender or sexual orientation.

(8)

(a)	Every initiate has the right to confidentiality regarding his or her health status.

(b)	A medical certificate required in terms of the provisions of this Act is confidential and must be treated as such by the medical practitioner issuing the certificate and by any person or body to whom such certificate must be submitted in terms of this Act.

(c)	Notwithstanding paragraphs (a) and (b), the confidential status of a medical certificate may not be used as a reason for non-compliance with section 22(1)(c) to (f) or (2).