Limpopo Initiation Schools Act, 2016
Act 6 of 2016
- Published in Limpopo Provincial Gazette no. 2931 on 10 August 2018
- Assented to on 27 June 2017
- Commenced on 1 April 2020 by Proclamation of 2020
- [This is the version of this document from 10 August 2018.]
1. DefinitionsIn this Act, unless the context indicates otherwise—"authorised officer" means the head of the department responsible for traditional affairs or any person delegated by the head of department to perform a function in terms of this Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;"environmental officer” means an official designated by the head of the department responsible for environmental matters in the province;"health practitioner” means a health practitioner as defined in the Health Professions Act, 1974 (Act No. 56 of 1974, as amended)"initiate" means a person attending an initiation school in order to undergo traditional practices and rituals in accordance with applicable customs and traditions of the traditional community concerned;"initiation surgeon” means a person, registered in the prescribed manner in the register of surgeons, who is culturally trained in performing traditional practices and rituals;“law enforcement agencies” includes SAPS, provincial or municipal traffic officers and the municipal police;“Local House” means Local Houses of Traditional Leaders established under section 10 of the Limpopo Houses of Traditional Leaders Act, 2005 (Act No. 5 of 2005);“MEC” means Member of the Executive Council responsible for traditional affairs matters in the Province;"medical practitioner" means a medical practitioner registered as such under the Health Professions Act, 1974 (Act No. 56 of 1974);"minor” means a child below the age of 18 years as provided for in the Children’s Act, 2005 (Act No. 38 of 2005);"permit holder” means a senior traditional leader who has applied for and is permitted to hold and manage an initiation school;“prescribe" means prescribed by regulations;"Provincial House” means the Limpopo Provincial House of Traditional Leaders established under section 2 of the Limpopo Houses of Traditional Leaders Act, 2005 (Act No. 5 of 2005);“SAPS” means the South African Police Service;“senior traditional leader” means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law, or within whose area of jurisdiction a number of headmen or headwomen exercise authority;“this Act" includes the regulations;“traditional community” means a traditional community recognised as such in terms of section 3 of the Limpopo Traditional Leadership and Institutions Act, 2005 (Act No. 6 of 2005);“traditional council” means a traditional council established in terms of section 4 of the Limpopo Traditional Leadership and Institutions Act, 2005 (Act No. 6 of 2005);“traditional leader” means a person duly appointed or recognised as a traditional leader by-(a)the person who before the commencement of the Constitution was-(i)the State President of the Republic within the meaning of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983);(ii)the President, Chief Minister or other chief executive in a government under any other constitution or constitutional arrangement which was in force in an area which forms part of the Republic; and(b)the Premier, and includes any person appointed to act temporarily in the place of such a traditional leader; and“traditional practice” means a practice according to the customs, traditions, religion or any other rule of a similar nature observed by a traditional community situated within the Province.
2. Object of ActThe object of this Act is to give effect to customary and cultural practices and rituals of traditional communities as enshrined in section 31 of the Constitution.
3. Application procedure for permit to hold initiation school
4. Site inspection
5. Powers of MEC
6. Appeal procedure
7. Hearing of appeal
8. Closing down of initiation school
9. Prohibition of holding initiation school without permitNo person may hold an initiation school-
10. Inspection and submission of reports
11. Prohibition against abduction
12. Attending initiation school
13. Role of Department of HealthThe MEC responsible for health matters in the province must, through specific programmes, assist initiates to obtain the necessary medical certificates in terms of this Act.
14. Persons who may perform initiation rituals
15. Duration of initiation school
16. OffencesA person who contravenes the provisions of section 9, 11(1), 12(1), (2), (6) and 14(1), (2) or (4) commits an offence and liable on conviction to a fine or period of imprisonment not exceeding five years, or to both such fine and imprisonment not exceeding five years.
17. RegulationsThe MEC may, after consulting relevant Provincial Portfolio Committee, make regulations regarding—
18. Repeal of lawsThe Northern Province Circumcision Schools Act, 1996 (Act No.6 of 1996) is hereby repealed.
19. Short title and commencementThis Act is called the Limpopo Initiation Schools Act, 2016 and comes into operation on a date determined by the Premier by proclamation in the gazette.
History of this document
01 April 2020
10 August 2018 this version
Published in Limpopo Provincial Gazette number 2931
27 June 2017