ATC210223: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on consideration of the National Council of Provinces’ amendments to the Customary Initiation Bill [B7D – 2019](National Assembly – Sec 76), referred to it on 2 December 2020 (see ATC, 2 December 2020), dated 23 February 2021.

Cooperative Governance and Traditional Affairs

Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on consideration of the National Council of Provinces’ amendments to the Customary Initiation Bill [B7D – 2019](National Assembly – Sec 76), referred to it on 2 December 2020 (see ATC, 2 December 2020), dated 23 February 2021.

 

The Portfolio Committee on Cooperative Governance and Traditional Affairs having considered the amendments of the National Council of Provinces to the Customary Initiation Bill [B7D-2018], reports as follows.

 

  1. BACKGROUND

 

  1. The Customary Initiation Bill [B7D – 2018] responds to the ineffective regulation of initiation schools - including the lack of a national statute that deals with the customary practice of initiation comprehensively - that has facilitated abuse of the customary practice of initiation, resulting in needless deaths and serious bodily harm to the initiates.

 

  1. The Department of Traditional Affairs tabled the Bill in Parliament on 28 February 2018. Thereafter, the Committee of the fifth Parliament embarked on an extensive public participation process involving travel across all the Provinces that practice customary initiation to hear oral submissions and receive written inputs. Following the conclusion of the Committee process, the National Assembly read the Bill for the second time on 04 December 2018 and thereafter sent it to the National Council of Provinces (NCOP) for concurrence – in accordance with the procedure outlined in Section 76 of the Constitution.

 

  1. The Bill lapsed with the dissolution of the fifth Parliament in June 2019. The NCOP revived it on 17 October and following its own extensive public participation process, adopted it with amendments on 02 December 2020 and immediately referred it to the National Assembly for concurrence with the amendments. This is a report on the Portfolio Committee’s response to the NCOP amendments.

 

  1. COMMITTEE DELIBERATIONS

 

  1. The Committee saton 10 February 2021 to consider the NCOP’s amendments to the Customary Initiation Bill [B7D–2018]. The Committee sitting consisted of the following Members: Ms F Muthambi (Chairperson – ANC), Ms P Xaba-Ntshaba (ANC), Ms D Direko (ANC), Mr G G Mpumza (ANC), Ms M Tlou (ANC), Mr C Brink (DA), Mr K Ceza (EFF), Ms H Mkhaliphi (EFF), Mr M Mabika (DA), Ms E Spies (DA) and Ms P Buthelezi (IFP), Mr M I Groenewald (FFP)

 

  1. Having been thus constituted, the Committee considered and unanimously agreed to all the amendments proposed by the NCOP, as follows:

AMENDMENT

COMMITTEE DECISION

Clause 1

  1. On page 4, after line 31, to insert the following definition: ‘‘abuse’’ includes but is not limited to physical or mental abuse, sexual abuse, any form of gender-based violence and any harmful practice that an initiate may be subjected to;’’.

Amendment unanimously agreed to

  1. On page 4, in line 34, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA or section 16(5)(a) of the TKLA once it commences’’.

Amendment unanimously agreed to

  1. On page 5, after line 10, to insert the following definition: ‘‘emergency services’’ means any services needed as a response to an urgent, impending or recurrent situation for which knowledgeable and expert intervention is required to ensure the welfare of initiates and any other person present at an initiation school, including but not limited to emergency medical services, ambulance services, firefighting services and disaster management services;’’.

Amendment unanimously agreed to

  1. On page 5, in line 36, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA or section 1 of the TKLA once it commences’’.

Amendment unanimously agreed to

  1. On page 5, in line 39, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA, section 50 of the TKLA’’.

Amendment unanimously agreed to

  1. On page 5, in line 58, after ‘‘2009)’’ to insert ‘‘prior to the repeal of that Act by the TKLA or in terms of section 27 of the TKLA’’.

Amendment unanimously agreed to

  1. On page 6, in line 10, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA or section 1 of the TKLA once it commences’’.

Amendment unanimously agreed to

  1. On page 6, in line 12, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA, section 49 of the TKLA’’.

Amendment unanimously agreed to

  1. On page 6, after line 18, to insert the following definition: ‘‘standards for initiation school premises’’ means the standards for initiation school premises published under General Notice No.1229 of 2015 in Government Gazette No. 39561 of 24 December 2015 as part of the National Health Norms and Standards for Premises, as may be amended from time to time;’’.

Amendment unanimously agreed to

  1. On page 6, after line 20, to insert the following definition: ‘‘TKLA’’ means the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019);’’.

Amendment unanimously agreed to

  1. On page 6, in line 22, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA, section 3 of the TKLA’’.

Amendment unanimously agreed to

  1. On page 6, in line 24, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA or section 1 of the TKLA once it commences’’.

Amendment unanimously agreed to

  1. On page 6, in line 31, after ‘‘Act’’ to insert ‘‘prior to the repeal of that Act by the TKLA, the TKLA’’.

Amendment unanimously agreed to

Clause 2

  1. On page 6, in line 50, to omit ‘‘physical and mental’’.

Amendment unanimously agreed to

  1. On page 7, from line 3, to omit sub clause (4) and to substitute: ‘‘(4)(a) Any principal, care-giver, traditional surgeon or traditional health practitioner who is involved in initiation practices or any aspect of such practice, must, subject to section 37(3) and (4), be at least 40 years old and must have undergone initiation himself or herself. (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.’’.

Amendment unanimously agreed to

  1. On page 7, in line 22, after ‘‘disability’’ to insert ‘‘, gender or sexual orientation’’.

Amendment unanimously agreed to

  1. On page 7, after line 22, to add the following sub clause: ‘‘(8)(a) Every initiate has the right to confidentiality regarding his or her health status. (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 noncompliance with section 22(1)(c) to (f) or (2).’’

Amendment unanimously agreed to

Clause 4

  1. On page 7, in line 42, to omit ‘‘two’’ and to substitute ‘‘three’’.

Amendment unanimously agreed to

  1. On page 7, in line 53, after ‘‘Women’’ to insert ‘‘, Youth and Persons with Disabilities’’.

Amendment unanimously agreed to

  1. On page 7, in line 54, after ‘‘women’’ to insert ‘‘, youth and persons with disabilities’’.

Amendment unanimously agreed to

  1. On page 8, in line 4, to omit ‘‘and’’.

Amendment unanimously agreed to

  1. On page 8, after line 4, to add the following subparagraph: ‘‘(i) one senior official from the Department of Sports, Arts and Culture who has knowledge of cultural customs, designated by the Minister responsible for Sports, Arts and Culture; and’’.

Amendment unanimously agreed to

  1. On page 8, in line 5, to omit ‘‘(i)’’ and to substitute ‘‘(j)’’.

Amendment unanimously agreed to

  1. On page 8, in line 13, to omit ‘‘(h)’’ and to substitute ‘‘(j)’’.

Amendment unanimously agreed to

Clause 5

  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,’’.

Amendment unanimously agreed to

Clause 15

  1. On page 12, in line 32, to omit ‘‘provisioning’’ and to substitute‘‘availability’’.

Amendment unanimously agreed to

  1. On page 12, in line 33, after ‘‘practices’’ to insert a comma.

Amendment unanimously agreed to

  1. On page 12, in line 33, to omit ‘‘and’’.

Amendment unanimously agreed to

  1. On page 12, in line 34, after ‘‘schools’’ to insert ‘‘and accessibility of the schools’’.

Amendment unanimously agreed to

  1. 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,’’.

Amendment unanimously agreed to

Clause 21

  1. On page 18, in line 23, after ‘‘of’’ to insert ‘‘, including the provision of sign language practitioners and braille services where applicable’’.

Amendment unanimously agreed to

Clause 22

  1. On page 18, in line 40, after ‘‘practitioner’’ to insert ‘‘who is practicing within the province where the relevant initiation school is located’’.

Amendment unanimously agreed to

Clause 24

  1. On page 20, in line 14, to omit ‘‘any’’ and to substitute ‘‘the relevant’’.

Amendment unanimously agreed to

Clause 28

  1. On page 22, in line 34, after ‘‘forced’’ to insert ‘‘or coerced’’.

Amendment unanimously agreed to

Clause 31

  1. 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’’.

Amendment unanimously agreed to

Clause 32

  1. On page 24, in line 21, to omit ‘‘(i)’’ and to substitute ‘‘(j)’’.

Amendment unanimously agreed to

  1. On page 24, in line 28, to omit ‘‘(i)’’ and to substitute ‘‘(j)’’.

Amendment unanimously agreed to

Clause 33

  1. On page 25, in line 13, to omit ‘‘physical or mental’’.

Amendment unanimously agreed to

Clause 42

  1. On page 29, in line 17, to omit ‘‘2018’’ and to substitute ‘‘2020’’.

Amendment unanimously agreed to

 

  1. CONSIDERATION OF THE AMENDMENT BILL

The Portfolio Committee on Cooperative Governance and Traditional Affairs having deliberated on and considered the NCOP’s amendments to the Customary Initiation Bill[B7D-2018] (National Assembly – Section 76), reports that it has unanimously agreed to the amendments as proposed. Committee members also agreed that the Department of Traditional Affairs should address all other matters of concern via circulars or other appropriate mechanisms.

 

Report to be considered

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