Customary Initiation Act, 2021 (Act No. 2 of 2021)Chapter 5 : General Provisions35. Regulations |
| (1) | The Minister may, by notice in the Gazette, make regulations regarding— |
| (b) | in respect of initiation, any matter relating to the responsibilities, roles and functions of— |
| (i) | the NIOC; |
| (ii) | a PICC; |
| (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. |