Plug the loophole in circumcision law fast

On Wednesday a Ngcobo magistrate  made a ruling  that will have a profound impact:  parents have a right  to grant consent for underage youths to undergo circumcision.

The verdict emerged in the acquittal of a prominent AbaThembu chief from Ngcobo, a traditional surgeon and a father, charged with  unlawfully circumcising a 16-year-old. 

The ruling could not have come at a worse time for us in the Eastern Cape.  In less than a month from now, thousands  of  boys are expected to  troop to the mountains for the winter initiation season.  Yet the judgment has brought in a serious dilemma for all stakeholders because all along the general understanding has been that boys under 18  should not be circumcised.

While going through ulwaluko (initiation) as a rite of passage is every boy’s dream in most parts of  our province, the reality is that  the tradition has brought many tears to many families. 

Between June 2006 and  December 2019, 845 initiates died,  which is an average of 65 deaths per year. Over  the same period 320 boys had penile amputations and 8,156 were admitted to hospital. Those with penile amputations  will endure this mutilation for the rest of their lives. 

 We agree with NPA senior prosecuting advocate Thango Pangalele  that: “If children below the age of 18 are allowed to undergo the rite, that would open an uncontrollable floodgate of absurd consequences with even nine-year-old boys wanting to go for circumcision." 

However, we cannot fault the magistrate in her finding. She simply interpreted the law as passed  by the Eastern Cape legislature in 2016. Where were  the legislature and Cogta legal advisers for the past five years who did not pick this loophole? 

It  sounds like an irony, if not a deliberate effort to mislead the public,  that traditional leaders seem shocked by the judgment. What is their duty if they are unable to interpret laws that have such profound implications for the young men in our province?

We do not encourage people to look for loopholes in laws. However, those entrusted with implementing them need to stop sleeping on duty. Members of the legislature, traditional leaders  and Cogta need to act with speed to plug this loophole.   

Surely, we don't want underage boys to undergo the rite. That will soil what is meant by a good tradition that brings joy and pride to families.