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

Chapter 5 : General Provisions

38. Provincial legislation providing for a PICC
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(1) If, at the commencement of this Act, any provincial legislation already makes provision for a PICC as contemplated in section 11, for a technical support team as contemplated in section 16 or a similar structure, and for other initiation structures, such PICC, technical support team or similar structure and other initiation structures, irrespective of whether their composition in terms of the provincial legislation corresponds with the relevant provisions of section 11 or 16 of this Act, but subject to subsections (2), (3), (4) and (5), continue to exist and function in terms of such provincial legislation.

 

(2)
(a) If any of the responsibilities, roles or functions of a PICC as provided for in section 15 or any other section of this Act is not included in the provincial legislation referred to in subsection (1), such responsibilities, roles and functions must, at the commencement of this Act, be deemed as having been assigned to the PICC established in terms of the provincial legislation and such PICC may, in writing and subject to section 15(8), delegate such responsibilities, roles and functions to any of the structures provided for in the provincial legislation.
(b) If any of the responsibilities, roles or functions provided for in this Act in respect of any role-player contemplated in Chapter 3 of this Act is not included in the provincial legislation referred to in subsection (1), such responsibilities, roles and functions must, at the commencement of this Act, be deemed as having been assigned to such role-player if such role-player has been provided for in the provincial legislation or to any corresponding role-player provided for in the provincial legislation.

 

(3) The provisions of section 39(2)(c), (d), (e) and (f), (3) and (4) apply with the necessary changes to any delegation made under subsection (2)(a).

 

(4) Any provision of this Act that is not provided for in the provincial legislation referred to in subsection (1), must apply in the relevant province in addition to the provisions of such provincial legislation.

 

(5) In the event of any conflict between a provision of the provincial legislation referred to in subsection (1) and sections 26, 27, 28 and 33 of this Act, the relevant provisions of this Act prevails.