New initiate bill puts the onus on traditional leaders

With the rise in initiate deaths due to dehydration, the government is cracking down on traditional nurses who deny initiates access to clean drinking water or food.

Traditional nurses found guilty of such practices could be fined R10 000, six months imprisonment or both.

These are some of the penalties contained in the Eastern Cape Cultural Male Initiation Bill of 2015.

More than 80% of the 46 initiation deaths in the 2015 summer season were caused by dehydration and 20 young men had to undergo penile amputations.

Any person who runs an initiation school without written permission from prescribed authorities may from this winter season be fined to a maximum of R20000 or 12 months imprisonment, or both.

If such an illegal initiation school results in the injury or death of initiates, the person responsible can be charged with attempted murder or murder, crimes that can carry sentences of up to 25 years imprisonment, depending on the number of initiates involved.

Bhisho Legislature portfolio committee on cooperative governance and traditional affairs (Cogta) held eight public hearings across the province last week.

Communities have two weeks to make written submissions before the bill is presented to the legislature.

Cogta portfolio committee Mninawa Nyusile said the long-awaited regulation was expected to be operational by start of the June initiation season.

“The Bill is intended to curb initiation deaths, regulate customary male initiation practice in the Eastern Cape and repeal the Eastern Cape Application of Health Standards in Traditional Circumcision Act of 2001,” Nyusile said.

A provincial initiation coordinating committee is to be chaired by the chairperson of the Eastern Cape House of Traditional Leaders.

Members will include the MECs for Cogta; health; sport, arts and culture; social development; education; and safety and liaison, as well as the SAPS provincial commissioner, NPA provincial head, NIA provincial head and Salga chairperson.

According to the proposed law:

• A person who admits or approves admission of a boy below the age of 18 years to an initiation school shall be fined R10000 or six months imprisonment per initiate, or both a fine and imprisonment;
• A traditional leader found to have approved admission of a child below the age of 18 years to an initiation school will be fined R10000 or six months imprisonment per initiate, or both a fine and imprisonment:
• However, if such admission results in the death of an initiate, the traditional leader or designated person must/will be charged with conspiracy to murder, and sentenced to a maximum of 15 years imprisonment;
• A person who illegally distributes or supplies consent forms to initiates below the age of 18 years will be fined up to R5000 or sentenced to three months imprisonment, or to both a fine and imprisonment;
• Any person found to have physically abused or assaulted an initiate, to have forced initiates to fight, or to have allowed any person to physically or emotionally abuse an initiate shall be fined or imprisoned in terms of applicable legislation; and
• Any person found to have disseminated liquor to initiates will be fined or imprisoned in terms of applicable legislation.

The Bill seeks to:

• Provide for the protection of life, the prevention of injuries and the prevention of physical and mental abuse of initiates;
• Provide for traditional leadership to take primary responsibility for the practice of initiation within their areas of jurisdiction, in partnership with government and all the other stakeholders; and
• Protect the customary practice of initiation and ensure that it is practised within constitutional and other legal prescripts.

A traditional nurse could have to amass 10 years of experience with the circumcision rite before they are legally allowed to actively nurse initiates. — lulamilef@dispatch.co.za