Schedule 1
An application for approval for the holding of an Ingoma as contemplated in section 3(1), must contain the following information and separate application forms must be completed and submitted in respect of each Ingoma being applied for:Application for approval for the holding of an Ingoma
1.UndertakingI, the undersigned, hereby apply for approval for the holding of an Ingoma in terms of the Mpumalanga Ingoma Act, 2011, based on the information supplied below, which information is, to the best of my knowledge, accurate and correct.I further undertake to hold the Ingoma applied for herewith in accordance with the information provided in this application, once approval has been obtained.2.Personal details of applicant(a)Full names: _____________________________________________________________;(b)Identity number: ________________________________________________________;(c)Physical address: ________________________________________________________;(d)Postal address: __________________________________________________________;(e)Telephone number: ______________________________________________________;3.Location of Ingoma(a)Name of Municipality within which area of jurisdiction an Ingoma will be held: ______________________________________;(b)Name of Magisterial District within which area of jurisdiction an Ingoma will be held: ______________________________________;(c)Name of Traditional Community concerned ______________________________;(d)Name of private land owner concerned on whose land an Ingoma will be held (if applicable): ________________________________________________________(e)Name of Municipality or Government Department on whose land an Ingoma will be held (if applicable): _______________________________________________________;(f)Physical description of specific area where the ingoma concerned will be held: ___________________________________________________;(g)Period during which Ingoma will be held: ______________________________________4.Number of initiatesIt is hereby confirmed that not more than ___________________ initiates will attend the Ingoma.5.Personal details and undertaking by person to perform ukuyama(a)Full names: ____________________________________________________________;(b)Identity number: _______________________________________________________;(c)Registration number: ___________________________________________________;(d)Physical address: ______________________________________________________;(e)Postal address: ________________________________________________________;(f)Telephone number: ______________________________________________________;I ____________________________________ hereby confirm that I am the person contemplated in section 6 of the Act, and such fact is confirmed by the following document/s, qualifications and the name of the institution obtained from, which are attached hereto:__________________________________________________________________________________I further undertake, in performing ukuyama at an Ingoma, to exercise and observe due care and diligence and to maintain appropriate health and hygienic standards, as well as to subsequently treat the abakhethwa as contemplated in section 6 of this Act.__________________________________________Signature of person to perform ukuyamaDesignation: __________________________Date: _______________________________________6.Approval of private land owner/ legal occupier (if applicable)Approval granted for the holding of an Ingoma as detailed above, on my property / the land occupied by myself.________________________________________Signature of private land owner / legal occupier (delete which is not applicable)Date: ___________________________________7.Approval of municipality or provincial governmentApproval granted for the holding of an Ingoma as detailed above, on the land of the _____________________________________________ Municipality, subject to the following conditions (if any):__________________________________________________________________________________Signature of Municipal Office-BearerDesignation: __________________________Date: _________________________________ORApproval granted for the holding of an Ingoma as detailed above, on the land of the Department of ________________________________________________________, subject to the following conditions (if any)__________________________________________________________________________________Signature of Head of DepartmentDate: _____________________8.Additional information (if applicable)It is hereby confirmed that I have previously applied for approval for the holding of Ingoma in terms of the Mpumalanga Ingoma Act, 2011, which application was successful / unsuccessful / approval still awaited (please indicate in each instance):__________________________________________________________________________________Signature of applicantDate: ___________________9.Approved / not approvedCOMMENTS OR REASONS IF APPLICATION IS NOT APPROVED:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________10.Duration of IngomaThe Ingoma will be held from _______________________________ until ________________________________________________________________King or Queen or InkosiDesignation: _______________________Date: _________________________11.Approved / not approvedCOMMENTS OR REASONS IF APPLICATION IS NOT APPROVED:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Signature of the Responsible MemberDate: _____________________Schedule 2
Consent by person attending Ingoma
I, ____________________________________, hereby consent, as contemplated in section 5(1) of the Mpumalanga Ingoma Act, 2011, of my own free will, to attend the Ingoma to be held in terms of the said Act, at ____________________________ from ____________________________ until ___________________________.My personal details are as follows:Identity Number__________________________________________________________________________________Residential address __________________________________________________________________________________________________Telephone number: _________________________________________________________________________________Signature of umsegwaboDate: _____________To be completed if applicable
I, ________________________________ hereby consent, of my own free will, that the ritual of ukuyama may be performed on me at the above-mentioned Ingoma.__________________________________Signature of umsegwaboDate: _____________________ORConsent of parent or guardian of person to attend Ingoma if such person is still a minor
I, _____________________________________________________________, as parent/legal guardian of _________________________________________________________, hereby consent, as contemplated in section 5(1) of the Mpumalanga Ingoma Act, 2011, that ______________________ may attend the Ingoma to be held in terms of the said Act, at _______________________ from ___________________ untilMy personal details are as follows:Identity Number _________________________________________Residential address______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Telephone number: _______________________________________________________________________SignatureParent / Guardian (delete which is not applicable)Date: _____________________To be completed if applicable
I, ______________________________________________________________ as parent/legal guardian of___________________________________________________________________________________ hereby consent that all the rituals may be performed on _________________________________________________ at the above-mentioned Ingoma._______________________SignatureParent / Guardian (delete which is not applicable)Date: _____________________Memorandum on the objects of the Mpumalanga Ingoma Act, 2010
1. Background
The Constitution provides for the recognition of a system of customary law and the observance of customary practices including the institution of initiation schools. This Act seeks to regulate the traditional practice of holding an Ingoma and related matters within the Province.2. Purpose of Act:
2.1The Act seeks to regulate the traditional practice of the holding of Ingoma in accordance with applicable customary law and practices within the Province.2.2The Act limits the performing of circumcision to medical practitioners or iinyanga who are registered as such in the register of iinyanga. This in turn will eliminate the possibility of “fly by night” surgeons who more often than not cause irreparable harm to the umkhethwa.2.3The following is a clause by clause analysis of the Act:2.3.1Clause 1 defines the terminology used in the Act.2.3.2Clause 2 provides for the object of the Act, which is the regulation of the practice of the holding of an Ingoma.2.3.3Clause 3 regulates the holding of an Ingoma. The clause provides for the approvals which a person who wants to hold an Ingoma must obtain. Before Ingoma may be held, approval must be sought from the king, queen, Inkosi or senior traditional leader of the traditional community of whom the umkhethwa are members, or from the MEC. Provision is also made for approval to be obtained from the owner of private land where the Ingoma will be held.2.3.4Clause 4 prohibits forced attendance of Ingoma as well as subjection to any of the activities that take place there.2.3.5Clause 5 provides for the necessary permission for umkhethwa to attend an Ingoma. A person who is below the age of 16 years may not attend an Ingoma, even with the consent of his parents.2.3.6Clause 6 provides for the persons who may perform ukuyama. Only a medical practitioner and a registered inyanga may perform ukuyama. The person who performs the ukuyama has the overall responsibility for medical treatment of the umkhethwa who have undergone ukuyama.2.3.7Clause 7 provides for the inspection and investigation of an Ingoma which may be called by the MEC responsible for traditional matters in consultation with the for health and the king or queen whenever there are reasonable grounds to believe that there is a risk of health hazards prevailing in the Ingoma.2.3.8Clause 8 provides for the duration of an Ingoma, which must be determined by the king or queen taking into account the school calendar.2.3.9Clause 9 provides for fees for the subsistence of an Ingoma. The fees payable may be in money or in kind.2.3.10Clause 10 provides for offences and penalties.2.3.11Clause 11 is the regulations section. The MEC responsible for traditional matters in the Province has the power to make regulations regarding, inter alia, any matter which is necessary or expedient to be regulated in order to achieve the objects of the Act. Regulations will be developed, once the Act has been passed and put into operation.2.3.12Clause 12 repeals the Kwandebele Ingoma Act, 1984 (Act No. 4 of 1984) in whole and repeals the Northern Province Circumcision Schools Act, 1996 (Act No. 6 of 1996) in as far as it is applicable in the Province.2.3.13Clause 13 provides for the short title and commencement of the Act.2.3.14Schedule 1 is the application for the approval for the holding of an Ingoma.2.3.15Schedule 2 provides for the consent by a person attending an Ingoma.3. Organisational and human resource implications
The Department will assign the Chief Directorate: Traditional Institutional Management to administer the register of iinyanga.4. Financial implications for the province
There are no financial implications associated with the Act.5. Constitutional implications
There are no constitutional implications associated with the Act.6. Other departments or bodies consulted
The following Departments and bodies were consulted:State Law Advisers;Provincial House of Traditional Leaders; andTraditional leaders in Bushbuckridge, Matibidi and former Kwandebele.