Cape Town - Concerns about child abuse and female genital mutilation have been flagged by the province as some of the hurdles that the Customary Initiation Bill needs to clear before it can become law, according to a senior legal adviser in the department of the premier.
The issues came to the fore during a virtual public hearing on the bill by the standing committee on community safety, cultural affairs and sport to discuss it, which makes provision for the effective regulation of initiation schools.
Asked by committee member Gillion Bosman about what parts of the Children’s Act needed to be aligned with the bill, legal adviser Clara Williams said the part of the Act that dealt with abuse was an example.
“The Act obliges anybody to report if there’s been abuse of a child, but this bill isn’t really clear on that aspect. It has two clauses dealing with reporting of abuse, but one of those clauses specifically states that there must be evidence of abuse and not just the possibility,” said Williams.
Williams said concerns which were not addressed in the bill included the issue of single-use surgical instruments, remoteness and inaccessibility of initiation school locations being an obstacle for emergency services and lack of proper provision for mentally handicapped initiates.
Regarding the recognition of the Traditional and Khoi-San Leadership Bill in the province, Williams said: “It is important to note that some Khoisan communities in the province attend traditional customary initiation schools. However, it should be stated that the bill does not refer specifically to Khoisan specific cultural initiations as these differ substantially from customary initiations.”
Nguni Council chairperson Chief Lungelo Nokwaza told the committee the fact that a provincial house of traditional leaders had yet to be established in the province was problematic.
“As such we propose the insertion of a clause that recognises the representation of communities that practise cultural/customary initiation in the province.
“We propose that in tandem with the national legislation, the provincial government should enact cultural initiation legislation vesting authority in the premier to determine through consultation with traditional and cultural leadership of communities that practise customary initiation how they will be represented on the provincial initiation co-ordinating committee.”
Committee member Melikhaya Xego asked Williams about the lack of progress with the provincial house of traditional leaders: “I need clarity because the president signed the law last year. Did Covid-19 perhaps cause the delay?"
Williams said the Act had yet to commence and once it did, it would take “some years” before the province could own it.
Meanwhile, a scheduled virtual hearing by the same committee on the Customary Marriages Amendment Bill was called off after it was found that there were no oral or written submissions from the public to be heard.
Committee chairperson Reagan Allen said submissions on both bills were welcome until Monday, September 28.
“Written comments may be sent to procedural officer Waseem Matthews either by email ([email protected]) or as a voice note on WhatsApp (076 633 3133).”
Cape Argus