Question NW3153 to the Minister of Cooperative Governance and Traditional Affairs
20 October 2015 - NW3153
Tarabella - Marchesi, Ms NI to ask the Minister of Cooperative Governance and Traditional Affairs
Whether, with regard to his department plans to develop (a) regulations and (b) legislation for the practice of male initiation customs, his department is working on developing similar (i) regulations or (ii) legislation for virginity testing on young women, particularly young women (aa) under the age of 18 and (bb) living in rural areas?
Reply:
No, the Department has no intention to develop (a) regulations and (b) legislation for virginity testing on young women. Virginity testing is already regulated by the Children’s Act, Act No. 38 of 2005. In terms of section 12(4) of this Act, virginity testing of children under the age of 16 is prohibited. In terms of section 12(5) of the Act, virginity testing of children older than 16 may be done but only if the child has given consent to such testing and after proper counselling of the child. Section 12(6) of the Act further determines that the results of a virginity test may not be disclosed without the consent of the child. It should also be noted that section 12(7) prohibits the marking of the body of the child who has undergone virginity testing.