ATC201127: Report of the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement on Customary Initiation Bill [B 7 B – 2018] (National Assembly – sec 76), dated 26 November 2020:
Report of the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement on Customary Initiation Bill [B 7 B – 2018] (National Assembly – sec 76), dated 26 November 2020:
The Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement (the Select Committee), having deliberated on and considered the subject of the Customary Initiation Bill [B 7 B – 2018] (National Assembly – sec 76), referred on 17 October 2019 and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports that it has agreed to the Bill with amendments and reports as follows:
The Customary Initiation Bill [B 7 B-2018] (the Bill) seeks to provide for the effective regulation of customary initiation practices; to provide for the establishment of a National Initiation Oversight Committee and Provincial Initiation Coordinating Committees and their functions; to provide for the responsibilities, roles and functions of the various role-players involved in initiation practices as such or in the governance aspects thereof; to provide for the effective regulation of initiation schools; to provide for regulatory powers of the Minister and Premiers; to provide for the monitoring of the implementation of this Act; to provide for provincial peculiarities; and to provide for matters connected therewith. The JTM tagged the Bill as a Bill to be dealt with in terms of Section 76 of the Constitution (a Bill affecting provinces).
The Department of Cooperative Governance and Traditional Affairs notes at item 3 of the Memorandum on the Objects of the Customary Initiation Bill, 2018 that the foreseeable financial implications relate to travelling costs for the members of the established committees during the initiation seasons and the costs of awareness campaigns that need be conducted at national and provincial levels.
- Public participation process on the Customary Initiation Bill [B 7B – 2018] (National Assembly – sec 76)
The Department of Cooperative Governance and Traditional Affairs (Department) briefed the Select Committee on 4 February 2020 wherein thereafter the permanent delegates briefed the provincial legislatures on the Bill. The Select Committee submitted a proposed plan in line with the six-week cycle to the provincial legislatures. The plan was implemented as follows:
• The Select Committee received a briefing on the Bill on 4 February 2020.
• The Permanent Delegates briefed the provinces on the legislation around February and September 2020.
• Public hearings conducted by provincial legislatures with the presence of permanent delegates to the National Council of Provinces (NCOP) took place after the departmental officials briefed the provincial legislatures from around February 2020- March 2020, prior to the declaration of the lockdown, and up until September 2020, where other meetings were virtually conducted due to restrictions of Covid 19 regulations. It is further noted that during June 2020, after the request to the Chairperson of the Council, he granted the Select Committee’s request for an extension of the 6-week cycle, in terms of Rule 240(3) to allow for sufficient time for provinces to conduct effective public hearings.
• The Select Committee received all the Negotiating Mandates.
- Public Participation Process
3.1. The provincial legislatures conducted the public participation process between February 2020 up to around September 2020. Stakeholders and interested persons were invited to make written and oral submissions on the Bill. The Select Committee requested all provinces to provide details of their public participation processes followed, including lists of the individuals or organisations and the total number of stakeholders who have been consulted in each province, as well as the number of public hearings held and all relevant details pertaining to the public hearings.
- Negotiating Mandates
4.1. The Select Committee received nine negotiating mandates in favour of the Bill. Some reports of the negotiating mandates suggested proposed amendments. The Select Committee on 3 November 2020 held the meeting to discuss Negotiating Mandates with permanent delegates presenting their province’s position on the Bill. The Select Committee received a briefing from the Department on its responses to the Negotiating Mandates.
4.2. The Select Committee received from the Department prepared and suggested proposals for amendments in light of the reports of the negotiating mandates. After the deliberations, the Select Committee agreed to proposed amendments and adopted them as part of the report to the processing of the Bill.
- C-List of amendments (See Annexure A)
5.1. The Select Committee met on 3 November 2020 and adopted the proposed C-List of Amendments. The adopted C-List along with the D version of the Bill were forwarded to the Provincial Legislatures for their conferral of a Final Mandate.
- Final Mandates
6.1. The Select Committee received Final Mandates to the Bill. The Select Committee met on 24 November 2020 to consider the Final Mandates.
- Consideration of the Customary initiation Bill [B 7D-2018]
7.1. The Select Committee considered the amended clauses with the Department explaining the reason for each amendment. The Chairperson put the Bill for consideration and adoption on 24 November 2020. The Bill was supported and voted in favor by eight provincial legislatures namely; Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West and the Western Cape. The Free State Legislature voted against favoring the Bill. There were no objections raised.
8.1. The Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement, having considered the customary Initiation Bill [B 7 B– 2018] (National Assembly – sec 76), referred to it on 17 October 2019 and classified by the JTM as a section 76 Bill, submits an amended Bill, namely the Customary Initiation Bill [B 7D – 2018] (National Assembly – sec 76) for the Council’s consideration.
Report to be considered.
REPUBLIC OF SOUTH AFRICA
AGREED TO SELECT COMMITTEE AMENDMENTS
CUSTOMARY INITIATION BILL
(As agreed to by the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement
(National Council of Provinces))
[B 7C — 2018]
1. On page 4, after line 31, to insert the following definition:
the TKLA or section 1 of the TKLA once it commences”.
the TKLA, section 50 of the TKLA”.
the TKLA or in terms of section 27 of the TKLA”.
TKLA or section 1 of the TKLA once it commences”.
TKLA, section 49 of the TKLA”.
the TKLA, section 3 of the TKLA”.
the TKLA or section 1 of the TKLA once it commences”.
the TKLA, the TKLA”.
(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.”.
(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).”
3. On page 7, in line 54, after “women” to insert “, youth and persons with
4. On page 8, in line 4, to omit “and”.
1. On page 8, in line 17, after “established,” to insert “which meeting must be convened and chaired by the Minister or by the Director-General if so directed by the Minister,”.
- On page 12, in line 32, to omit “provisioning” and to substitute “availability”.
- On page 12, in line 33, after “practices” to insert a comma.
- On page 12, in line 33, to omit “and”.
- On page 12, in line 34, after “schools” to insert “and accessibility of the schools”.
- On page 12, in line 39, after “requirements,” to insert “and taking into account the standards for initiation school premises insofar as such standards are not inconsistent with this Act,”.
1. On page 18, in line 23, after “of” to insert “, including the provision of sign language practitioners and braille services where applicable”.
- On page 18, in line 40, after “practitioner” to insert “who is practicing within the province where the relevant initiation school is located”.
- On page 20, in line 14, to omit “any” and to substitute “the relevant”.
- On page 22, in line 34, after “forced” to insert “or coerced”.
- On page 24, in line 15, after “initiates” to insert “and, if requested by them, to the parents or legal or customary guardian of the deceased initiate”.
- On page 24, in line 21, to omit “(i)” and to substitute “(j)”.
- On page 24, in line 28, to omit “(i)” and to substitute “(j)”.
- On page 25, in line 13, to omit “physical or mental”.
- On page 29, in line 17, to omit “2018” and to substitute “2020”.
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